sec.103ZZSDefence to prosecution for offence against s 103ZZN —child gives consent to defendant

### sec.103ZZS Defence to prosecution for offence against s 103ZZN —child gives consent to defendant It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that— the publication was about a complainant who— had consented in writing to the defendant for the defendant to publish the information; and was a child at the time the consent was given; and the consent was accompanied by a supporting statement that complies with subsection (2) made by a relevant person; and the publication was in accordance with the limits, if any, set by the complainant; and the publication does not identify, and is not likely to lead to the identification of— another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant. For the purposes of subsection (1) (b) , a supporting statement must state that the relevant person is of the opinion that— the complainant understands— what it means to be identified as a victim of a sexual offence; and the consequences of losing anonymity; and the complainant had capacity to give the consent. In this section— relevant person means— a medical practitioner; or a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or a person who is of a class of persons prescribed by regulation. s 103ZZS ins 2024 No. 5 s 69 (sec.103ZZS-ssec.1) It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that— the publication was about a complainant who— had consented in writing to the defendant for the defendant to publish the information; and was a child at the time the consent was given; and the consent was accompanied by a supporting statement that complies with subsection (2) made by a relevant person; and the publication was in accordance with the limits, if any, set by the complainant; and the publication does not identify, and is not likely to lead to the identification of— another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant. (sec.103ZZS-ssec.2) For the purposes of subsection (1) (b) , a supporting statement must state that the relevant person is of the opinion that— the complainant understands— what it means to be identified as a victim of a sexual offence; and the consequences of losing anonymity; and the complainant had capacity to give the consent. (sec.103ZZS-ssec.3) In this section— relevant person means— a medical practitioner; or a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or a person who is of a class of persons prescribed by regulation. - (a) the publication was about a complainant who— (i) had consented in writing to the defendant for the defendant to publish the information; and (ii) was a child at the time the consent was given; and - (i) had consented in writing to the defendant for the defendant to publish the information; and - (ii) was a child at the time the consent was given; and - (b) the consent was accompanied by a supporting statement that complies with subsection (2) made by a relevant person; and - (c) the publication was in accordance with the limits, if any, set by the complainant; and - (d) the publication does not identify, and is not likely to lead to the identification of— (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or (ii) another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant. - (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or - (ii) another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant. - (i) had consented in writing to the defendant for the defendant to publish the information; and - (ii) was a child at the time the consent was given; and - (i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or - (ii) another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant. - (a) the complainant understands— (i) what it means to be identified as a victim of a sexual offence; and (ii) the consequences of losing anonymity; and - (i) what it means to be identified as a victim of a sexual offence; and - (ii) the consequences of losing anonymity; and - (b) the complainant had capacity to give the consent. - (i) what it means to be identified as a victim of a sexual offence; and - (ii) the consequences of losing anonymity; and - (a) a medical practitioner; or - (b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or - (c) a person who is of a class of persons prescribed by regulation.