534Restriction on publication of proceedings

534 Restriction on publication of proceedings (1) A person must not publish or cause to be published— S. 534(1)(a) amended by No. 1/2016 s. 21(1). (a) except with the permission of the President or of a magistrate under subsection (1A), a report of a proceeding in the Court or of a proceeding in any other court arising out of a proceeding in the Court that contains any particulars likely to lead to the identification of— S. 534(1)(a)(i) amended by No. 51/2006 s. 14. (i) the particular venue of the Children's Court, other than the Koori Court (Criminal Division) or the Neighbourhood Justice Division, in which the proceeding was heard; or (ii) a child or other party to the proceeding; or (iii) a witness in the proceeding; or S. 534(1)(b) amended by No. 1/2016 s. 21(1). (b) except with the permission of the President or of a magistrate under subsection (1A), a picture as being or including a picture of a child or other party to, or a witness in, a proceeding referred to in paragraph (a); or S. 534(1)(c) amended by No. 1/2016 s. 21(1). (c) except with the permission of the President or of a magistrate under subsection (1A), or of the Secretary under subsection (3), any matter that contains any particulars likely to lead to the identification of a child as being the subject of an order made by the Court. (a) In the case of a body corporate—500 penalty units; (b) In any other case—100 penalty units or imprisonment for 2 years. S. 534(1A) inserted by No. 1/2016 s. 21(2). (1A) On application to the Court, a magistrate may grant permission for the publication if the magistrate is satisfied that— (a) the circumstances giving rise to the request for permission to publish are an emergency; and (b) publication is reasonably necessary for the safety of— (i) the child, other party or witness referred to in subsection (1); or (ii) any other person or the community. (2) The Court in making an order may direct the Secretary not to grant permission under subsection (3) with respect to the order. S. 534(3) amended by No. 61/2014 s. 88. (3) The Secretary may, in special circumstances, grant permission for the publication in relation to a child who is the subject of a family reunification order, care by Secretary order or long-term care order of any matter that contains any particulars likely to lead to the identification of a child as being the subject of an order made by the Court. S. 534(3A) inserted by No. 43/2017 s. 40(1). (3A) The Secretary to the Department of Justice and Regulation may grant permission for the publication of any identifying particular of any person who has escaped from a remand centre, a youth residential centre or a youth justice centre if the Secretary is satisfied that publication— (a) is reasonably necessary for the safety of the person who has escaped or any other person; or (b) will assist in apprehending the person or protecting the community. S. 534(3B) inserted by No. 43/2017 s. 40(1). (3B) In making a decision under subsection (3A), the Secretary must— (a) have regard to the desirability of minimising the stigma to the person and the child's family; and (b) grant permission for publication only to the extent necessary to apprehend the person. S. 534(4) amended by Nos 43/2017 s. 40(2), 5/2018 s. 23(1). (4) Without limiting the generality of subsections (1), (3), (3A) and (3B) or section 534A(2), the following particulars are deemed to be particulars likely to lead to the identification of a person— S. 534(4)(a) substituted by No. 11/2019 s. 13(1). (a) the name of the person; S. 534(4)(b) substituted by No. 11/2019 s. 13(1). (b) the names of— (i) any relative of the person; or (ii) any other person having the care of the person; or (iii) in addition to subparagraphs (i) and (ii), in the case of an Aboriginal person, a member of the Aboriginal community of the person; S. 534(4)(c) substituted by No. 11/2019 s. 13(1). (c) the name or address of any place of residence of the person, or the locality in which the residence is situated; S. 534(4)(d) substituted by No. 11/2019 s. 13(1). (d) the name or address of any place of education, training or employment attended by the person, or the locality in which the place is situated. S. 534(4) (e)–(h) repealed by No. 11/2019 s. 13(1). S. 534(5) amended by No. 48/2006 s. 26. (5) Subsection (1) does not apply to the publication of accounts of proceedings of the Court, where those accounts have been approved by the President. S. 534(6) inserted by No. 42/2014 s. 111. (6) Subsection (1) does not apply to the publication under section 85 of the **Vexatious Proceedings Act 2014** by the Attorney-General of a copy of an order that relates to intervention order legislation within the meaning of that Act. S. 534(7) inserted by No. 23/2017 s. 32(5). (7) Subsection (1) does not prevent a disclosure that is made for the purposes of Part 5A of the **Family Violence Protection Act 2008** by an information sharing entity (within the meaning of that Act). Note to s. 534 inserted by No. 5/2018 s. 23(2), substituted byNo. 11/2019 s. 13(2). See sections 534A and 534B for further exceptions to section 534(1). S. 534A inserted by No. 5/2018 s. 24.