sec.103ZZZJCourt may extend complainant privacy order

### sec.103ZZZJ Court may extend complainant privacy order On an application under section 103ZZZI (1) , the court must take reasonable steps to ensure that each accredited media entity is notified of the application for extension of the duration of the order. The notification may be by electronic communication or any other way the court considers appropriate. A person mentioned in subsection (1) is entitled to appear and be heard by the court on the application. Also, the following persons are entitled to appear and be heard by the court on the application— a person other than the applicant who has a sufficient interest in whether the order should be extended; a party to a current proceeding before a court relating to the sexual offence or alleged sexual offence to which the order relates, other than the offender or defendant. On an application under section 103ZZZI (1) , the court may extend the duration of a complainant privacy order if satisfied that it is necessary to avoid causing undue distress to the applicant. In deciding whether to extend the duration of the complainant privacy order, the court— must have regard to the public interests in accordance with subsection (7) ; 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 on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or the application or proceeding on the application is vexatious; and must not take into account the views of the offender or defendant. A court is only to extend the duration of 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 person may apply for an extension of the duration of a complainant privacy order more than once and a court may extend the duration of a complainant privacy order more than once. The period of an extension of a complainant privacy order must not exceed 5 years in relation to each extension. s 103ZZZJ ins 2024 No. 5 s 69 (sec.103ZZZJ-ssec.1) On an application under section 103ZZZI (1) , the court must take reasonable steps to ensure that each accredited media entity is notified of the application for extension of the duration of the order. (sec.103ZZZJ-ssec.2) The notification may be by electronic communication or any other way the court considers appropriate. (sec.103ZZZJ-ssec.3) A person mentioned in subsection (1) is entitled to appear and be heard by the court on the application. (sec.103ZZZJ-ssec.4) Also, the following persons are entitled to appear and be heard by the court on the application— a person other than the applicant who has a sufficient interest in whether the order should be extended; a party to a current proceeding before a court relating to the sexual offence or alleged sexual offence to which the order relates, other than the offender or defendant. (sec.103ZZZJ-ssec.5) On an application under section 103ZZZI (1) , the court may extend the duration of a complainant privacy order if satisfied that it is necessary to avoid causing undue distress to the applicant. (sec.103ZZZJ-ssec.6) In deciding whether to extend the duration of the complainant privacy order, the court— must have regard to the public interests in accordance with subsection (7) ; 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 on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or the application or proceeding on the application is vexatious; and must not take into account the views of the offender or defendant. (sec.103ZZZJ-ssec.7) A court is only to extend the duration of 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. (sec.103ZZZJ-ssec.8) A person may apply for an extension of the duration of a complainant privacy order more than once and a court may extend the duration of a complainant privacy order more than once. (sec.103ZZZJ-ssec.9) The period of an extension of a complainant privacy order must not exceed 5 years in relation to each extension. - (a) a person other than the applicant who has a sufficient interest in whether the order should be extended; - (b) a party to a current proceeding before a court relating to the sexual offence or alleged sexual offence to which the order relates, other than the offender or defendant. - (a) must have regard to the public interests in accordance with subsection (7) ; 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 on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or (ii) the application or proceeding on the application is vexatious; and - (i) the application, proceeding on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or - (ii) the application or proceeding on the application is vexatious; and - (e) must not take into account the views of the offender or defendant. - (i) the application, proceeding on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or - (ii) the application or proceeding on the application is vexatious; and