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Domestic and Family Violence Protection Act 2012
sec.159Prohibition on publication of certain information for proceeding
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### sec.159 Prohibition on publication of certain information for proceeding
A person must not publish—
information, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or
information that identifies, or is likely to lead to the identification of—
a person as a party to a proceeding under this Act; or
a person as a witness in a proceeding under this Act (other than a police officer); or
a child.
Maximum penalty—
for an individual—100 penalty units or 2 years imprisonment; or
for a corporation—1,000 penalty units.
However, subsection (1) does not apply—
if the court expressly authorises the information to be published; or
if each person to whom the information relates consents to the information being published; or
to the display of a notice in the premises of a court; or
to the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
to the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
to the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
if the publication is expressly permitted or required under this or another Act; or
if the publication is permitted under a regulation.
In this section—
publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.
s 159 amd 2024 No. 5 s 33
(sec.159-ssec.1) A person must not publish— information, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or information that identifies, or is likely to lead to the identification of— a person as a party to a proceeding under this Act; or a person as a witness in a proceeding under this Act (other than a police officer); or a child. Maximum penalty— for an individual—100 penalty units or 2 years imprisonment; or for a corporation—1,000 penalty units.
(sec.159-ssec.2) However, subsection (1) does not apply— if the court expressly authorises the information to be published; or if each person to whom the information relates consents to the information being published; or to the display of a notice in the premises of a court; or to the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or to the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or to the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or if the publication is expressly permitted or required under this or another Act; or if the publication is permitted under a regulation.
(sec.159-ssec.3) In this section— publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.
- (a) information, including a photograph, picture, videotape and any other visual representation, given in evidence in a proceeding under this Act in a court; or
- (b) information that identifies, or is likely to lead to the identification of— (i) a person as a party to a proceeding under this Act; or (ii) a person as a witness in a proceeding under this Act (other than a police officer); or (iii) a child.
- (i) a person as a party to a proceeding under this Act; or
- (ii) a person as a witness in a proceeding under this Act (other than a police officer); or
- (iii) a child.
- (i) a person as a party to a proceeding under this Act; or
- (ii) a person as a witness in a proceeding under this Act (other than a police officer); or
- (iii) a child.
- (a) for an individual—100 penalty units or 2 years imprisonment; or
- (b) for a corporation—1,000 penalty units.
- (a) if the court expressly authorises the information to be published; or
- (b) if each person to whom the information relates consents to the information being published; or
- (c) to the display of a notice in the premises of a court; or
- (d) to the publication of information for the purpose of a recognised series of law reports or an official website for the publication of judgments, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
- (e) to the publication of information for approved research, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
- (f) to the publication of information by an accredited media entity, if the information does not identify, and is not likely to lead to the identification of, a person mentioned in subsection (1) (b) ; or
- (g) if the publication is expressly permitted or required under this or another Act; or
- (h) if the publication is permitted under a regulation.