45Publication or disclosure of evidence

#### 45 Publication or disclosure of evidence 45 Publication or disclosure of evidence > > (1) The Commission may direct that— > > > > > (a) any evidence given before it, or > > > > > (b) the contents of any document, or a description of any thing, produced to the Commission or seized under a search warrant, or > > > > > (c) any information that might enable a person who has given or may be about to give evidence before the Commission to be identified or located, or > > > > > (d) the fact that any person has given or may be about to give evidence at a hearing, > > > > must not be published, or must not be published except in such manner, and to such persons, as the Commission specifies. > > > (2) The Commission must give such a direction if the failure to do so might prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. > > > (3) A person must not make a publication in contravention of a direction given under this section. > > > > Maximum penalty—100 penalty units or imprisonment for 2 years, or both. > > > (4) If— > > > > > (a) a person has been charged with an offence before a court of the State, and > > > > > (b) the court considers that it may be desirable in the interests of justice that particular evidence given before the Commission in relation to which the Commission has given a direction under this section be made available to the person or to a legal practitioner representing the person and to the prosecutor, > > > > the court may give to the Commission a certificate to that effect and, if the court does so, the Commission must make the evidence available to the court. > > > (5) If— > > > > > (a) the Commission makes evidence available to a court in accordance with subsection (4), and > > > > > (b) the court, after examining the evidence, is satisfied that the interests of justice so require, > > > > the court may make the evidence available to the person charged with the offence concerned or to an Australian legal practitioner representing the person and to the prosecutor. > > > (6) This section has effect subject to section 45A. > > > (6A) It is not a contravention of a direction given under this section to publish any evidence, contents of a document or information to a medical practitioner or psychologist for the purposes of that health practitioner providing medical or psychiatric care, treatment or counselling (including but not limited to psychological counselling) to a person who has given or may be about to give evidence at a hearing. > > > (7) In this section— > > > > publish includes— > > > > > (a) disclose to a person, and > > > > > (b) in relation to evidence or a record of evidence—disclose any information directly contained in or implied from that evidence or record, except where the information could be obtained elsewhere. > > **s 45:** Am 2014 No 82, Sch 1 \[9\]–\[11\]; 2016 No 61, Sch 7.1 \[1\]; 2022 No 14, Sch 8.3\[2\].