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 must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.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 must not be published or broadcast before the proceedings are commenced or after the proceedings have been commenced and before they are disposed of.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 > > > > > (b) the publication or broadcasting of the name of a person with the consent of the person or of the court. > > > (5) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material— > > > > > (a) that identifies the person, or > > > > > (b) that is likely to lead to the identification of the person. > > > (6) The offence created by this section is an offence of strict liability. > > > (7) A court may vary or revoke a direction given by a court under this section. However, only the District Court may vary or revoke a direction given by the District Court. > > > (8) In this section— > > > > apprehended violence order proceedings include proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO. > > > > court includes a Registrar. > > **s 45:** Am 2016 No 9, Sch 1 \[6\]; 2024 No 59, Sch 1\[14\].