45Publication of names and identifying information about children and other persons involved in proceedings

45 Publication of names and identifying information about children and other persons involved in proceedings

45 Publication of names and identifying information about children and other persons involved in proceedings

(1) The name of a person, being a child—

(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or

(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings, or

(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings,

must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.

(2) A court may direct that the name of a person (other than a child to whom subsection (1) applies)—

(a) for whose protection or against whom an apprehended violence order is sought in any apprehended violence order proceedings, or

(b) who appears, or is reasonably likely to appear, as a witness before a court in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings, or

(c) who is, or is reasonably likely to be, mentioned or otherwise involved in any apprehended violence order proceedings or serious domestic abuse prevention order proceedings,

must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.

(3) A person who publishes or broadcasts the name of a person in contravention of subsection (1) or in contravention of a direction under subsection (2) is guilty of an offence.

Maximum penalty—Imprisonment for a period not exceeding 2 years, or 200 penalty units, or both (in the case of an individual) or 2,000 penalty units (in the case of a corporation).

(4) This section does not prohibit—

(a) the publication or broadcasting of an official report of the proceedings of a court that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section, or