Evidence Act 1977
sec.103ZZZEApplying for complainant privacy order
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sec.103ZZZE Applying for complainant privacy order
A person with sufficient interest may apply to a court for a complainant privacy order in relation to a deceased complainant. The application must set out the reasons the applicant believes— it is necessary to prohibit or restrict the publication of identifying matter in relation to the complainant; and why the publication would cause undue distress to the applicant. The applicant must disclose all material facts in relation to the application. If the complainant is a complainant against whom a sexual offence is alleged to have been committed, an application for a complainant privacy order can only be made if a person has been charged with the sexual offence. To remove any doubt, it is declared that an application for a complainant privacy order can not be made by or on behalf of the offender or defendant. s 103ZZZE ins 2024 No. 5 s 69 (sec.103ZZZE-ssec.1) A person with sufficient interest may apply to a court for a complainant privacy order in relation to a deceased complainant. (sec.103ZZZE-ssec.2) The application must set out the reasons the applicant believes— it is necessary to prohibit or restrict the publication of identifying matter in relation to the complainant; and why the publication would cause undue distress to the applicant. (sec.103ZZZE-ssec.3) The applicant must disclose all material facts in relation to the application. (sec.103ZZZE-ssec.4) If the complainant is a complainant against whom a sexual offence is alleged to have been committed, an application for a complainant privacy order can only be made if a person has been charged with the sexual offence. (sec.103ZZZE-ssec.5) To remove any doubt, it is declared that an application for a complainant privacy order can not be made by or on behalf of the offender or defendant.
- (a) it is necessary to prohibit or restrict the publication of identifying matter in relation to the complainant; and
- (b) why the publication would cause undue distress to the applicant.