sec.103ZZZGCourt may make complainant privacy order

### sec.103ZZZG Court may make complainant privacy order On an application under section 103ZZZE , the court may make an order prohibiting or restricting the publication of identifying matter (a complainant privacy order ) if satisfied that it is necessary to avoid causing undue distress to the applicant. In deciding whether to make a complainant privacy order, the court— must have regard to public interests in accordance with subsection (3) ; and may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and must take into account any risk that— the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or the application or proceeding for the application is vexatious; and must be satisfied that the applicant is a person with sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— the nature and closeness of the relationship between them, including their social and emotional ties; the duration of the relationship between them and the frequency of contact; whether they lived together or related together in a home environment; any financial dependence or interdependence between them; any other form of dependence or interdependence between them; the provision of any paid or unpaid responsibility or care by or between them; the provision of sustenance or support by or between them; any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order; whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community; any other factors the court considers relevant; and may have regard to any cultural considerations relevant to the applicant or complainant; and must not take into account the views of the offender or defendant. Despite subsection (1) , a court may only make a complainant privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information. s 103ZZZG ins 2024 No. 5 s 69 (sec.103ZZZG-ssec.1) On an application under section 103ZZZE , the court may make an order prohibiting or restricting the publication of identifying matter (a complainant privacy order ) if satisfied that it is necessary to avoid causing undue distress to the applicant. (sec.103ZZZG-ssec.2) In deciding whether to make a complainant privacy order, the court— must have regard to public interests in accordance with subsection (3) ; and may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and must take into account any risk that— the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or the application or proceeding for the application is vexatious; and must be satisfied that the applicant is a person with sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— the nature and closeness of the relationship between them, including their social and emotional ties; the duration of the relationship between them and the frequency of contact; whether they lived together or related together in a home environment; any financial dependence or interdependence between them; any other form of dependence or interdependence between them; the provision of any paid or unpaid responsibility or care by or between them; the provision of sustenance or support by or between them; any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order; whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community; any other factors the court considers relevant; and may have regard to any cultural considerations relevant to the applicant or complainant; and must not take into account the views of the offender or defendant. (sec.103ZZZG-ssec.3) Despite subsection (1) , a court may only make a complainant privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information. - (a) must have regard to public interests in accordance with subsection (3) ; and - (b) may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and - (c) must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and - (d) must take into account any risk that— (i) the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or (ii) the application or proceeding for the application is vexatious; and - (i) the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or - (ii) the application or proceeding for the application is vexatious; and - (e) must be satisfied that the applicant is a person with sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— (i) the nature and closeness of the relationship between them, including their social and emotional ties; (ii) the duration of the relationship between them and the frequency of contact; (iii) whether they lived together or related together in a home environment; (iv) any financial dependence or interdependence between them; (v) any other form of dependence or interdependence between them; (vi) the provision of any paid or unpaid responsibility or care by or between them; (vii) the provision of sustenance or support by or between them; (viii) any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order; (ix) whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community; (x) any other factors the court considers relevant; and - (i) the nature and closeness of the relationship between them, including their social and emotional ties; - (ii) the duration of the relationship between them and the frequency of contact; - (iii) whether they lived together or related together in a home environment; - (iv) any financial dependence or interdependence between them; - (v) any other form of dependence or interdependence between them; - (vi) the provision of any paid or unpaid responsibility or care by or between them; - (vii) the provision of sustenance or support by or between them; - (viii) any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order; - (ix) whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community; - (x) any other factors the court considers relevant; and - (f) may have regard to any cultural considerations relevant to the applicant or complainant; and - (g) must not take into account the views of the offender or defendant. - (i) the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or - (ii) the application or proceeding for the application is vexatious; and - (i) the nature and closeness of the relationship between them, including their social and emotional ties; - (ii) the duration of the relationship between them and the frequency of contact; - (iii) whether they lived together or related together in a home environment; - (iv) any financial dependence or interdependence between them; - (v) any other form of dependence or interdependence between them; - (vi) the provision of any paid or unpaid responsibility or care by or between them; - (vii) the provision of sustenance or support by or between them; - (viii) any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order; - (ix) whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community; - (x) any other factors the court considers relevant; and