NSWIn ForceAct
Civil and Administrative Tribunal Act 2013
65Publication of names or identification of persons involved in certain proceedings
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#### 65 Publication of names or identification of persons involved in certain proceedings
65 Publication of names or identification of persons involved in certain proceedings
> > (1) This section applies only to the following proceedings—
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> > > (a) proceedings in the Guardianship Division (or internal appeals against decisions made in such proceedings),
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> > > (b) proceedings for a decision for the purposes of the community welfare legislation within the meaning of the [Community Services (Complaints, Reviews and Monitoring) Act 1993](/view/html/inforce/current/act-1993-002) (including an internal appeal against such a decision),
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> > > (c) such other proceedings (or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.
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> > (2) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person—
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> > > (a) who appears as a witness before the Tribunal in any proceedings, or
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> > > (b) to whom any proceedings in the Tribunal relate, or
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> > > (c) who is mentioned or otherwise involved in any proceedings in the Tribunal,
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> > whether before or after the proceedings are disposed of.
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> > Maximum penalty—
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> > > (a) in the case of a corporation—100 penalty units, or
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> > > (b) in any other case—50 penalty units or imprisonment for 12 months, or both.
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> > (3) This section does not prohibit the publication or broadcasting of an official report, including a sound recording or transcript, of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.
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> > (3A) A report, including a sound recording or transcript, of proceedings authorised by the Tribunal to be provided to a party to the proceedings for the party’s use only is not an official report of the proceedings for subsection (3).
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> > (4) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.
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> **s 65:** Ins 2013 No 94, Sch 1 \[25\]. Am 2023 No 22, Sch 1\[10\] \[11\].