sec.103ZZZPReview of complainant privacy order or interim complainant privacy orders

### sec.103ZZZP Review of complainant privacy order or interim complainant privacy orders A court that made a complainant privacy order or an interim complainant privacy order may review the order for the purpose of confirming, varying or revoking the order— on the court’s own motion; or on the application of— the person who applied for the order; or any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or a party to any 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; or an accredited media entity. The applicant must disclose all material facts in relation to the application. To remove any doubt, it is declared that an application for review can not be made by or on behalf of the offender or defendant. On deciding to review an order on the court’s own motion or on receiving an application under subsection (1) (b) , the court must take reasonable steps to ensure that each accredited media entity is notified of the own motion review or the application for review. The notification may be made by electronic communication or any other way the court considers appropriate. Each of the persons mentioned in subsection (1) (b) or (4) is entitled to appear and be heard by the court on the review, whether or not the person is the applicant for the review. Subject to subsection (10) , on a review, the court may confirm, vary or revoke the complainant privacy order or interim complainant privacy order, as appropriate. In deciding whether to confirm, vary or revoke the complainant privacy order or interim complainant privacy order, the court— must have regard to public interests in accordance with subsection (9) ; 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 taken into account any risk that— the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or the application or the proceeding on the application is vexatious; and must be satisfied that the applicant is a person with a sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— the matters mentioned in section 103ZZZG (2) (e) (i) to (vii) and (ix) ; 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 the confirmation, variation or revocation of the order; any other factors the court considers relevant; and must not take into account the views of the offender or defendant. A court is only to confirm or vary a complainant privacy order or an interim 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. Unless the court considers it is not appropriate to do so, the court must revoke a complainant privacy order or an interim complainant privacy order if the application for revocation of the order is made by the person who applied for the order. s 103ZZZP ins 2024 No. 5 s 69 (sec.103ZZZP-ssec.1) A court that made a complainant privacy order or an interim complainant privacy order may review the order for the purpose of confirming, varying or revoking the order— on the court’s own motion; or on the application of— the person who applied for the order; or any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or a party to any 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; or an accredited media entity. (sec.103ZZZP-ssec.2) The applicant must disclose all material facts in relation to the application. (sec.103ZZZP-ssec.3) To remove any doubt, it is declared that an application for review can not be made by or on behalf of the offender or defendant. (sec.103ZZZP-ssec.4) On deciding to review an order on the court’s own motion or on receiving an application under subsection (1) (b) , the court must take reasonable steps to ensure that each accredited media entity is notified of the own motion review or the application for review. (sec.103ZZZP-ssec.5) The notification may be made by electronic communication or any other way the court considers appropriate. (sec.103ZZZP-ssec.6) Each of the persons mentioned in subsection (1) (b) or (4) is entitled to appear and be heard by the court on the review, whether or not the person is the applicant for the review. (sec.103ZZZP-ssec.7) Subject to subsection (10) , on a review, the court may confirm, vary or revoke the complainant privacy order or interim complainant privacy order, as appropriate. (sec.103ZZZP-ssec.8) In deciding whether to confirm, vary or revoke the complainant privacy order or interim complainant privacy order, the court— must have regard to public interests in accordance with subsection (9) ; 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 taken into account any risk that— the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or the application or the proceeding on the application is vexatious; and must be satisfied that the applicant is a person with a sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— the matters mentioned in section 103ZZZG (2) (e) (i) to (vii) and (ix) ; 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 the confirmation, variation or revocation of the order; any other factors the court considers relevant; and must not take into account the views of the offender or defendant. (sec.103ZZZP-ssec.9) A court is only to confirm or vary a complainant privacy order or an interim 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.103ZZZP-ssec.10) Unless the court considers it is not appropriate to do so, the court must revoke a complainant privacy order or an interim complainant privacy order if the application for revocation of the order is made by the person who applied for the order. - (a) on the court’s own motion; or - (b) on the application of— (i) the person who applied for the order; or (ii) any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or (iii) a party to any 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; or (iv) an accredited media entity. - (i) the person who applied for the order; or - (ii) any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or - (iii) a party to any 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; or - (iv) an accredited media entity. - (i) the person who applied for the order; or - (ii) any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or - (iii) a party to any 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; or - (iv) an accredited media entity. - (a) must have regard to public interests in accordance with subsection (9) ; 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 taken into account any risk that— (i) the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or (ii) the application or the proceeding on the application is vexatious; and - (i) the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or - (ii) the application or the proceeding on the application is vexatious; and - (e) must be satisfied that the applicant is a person with a sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant— (i) the matters mentioned in section 103ZZZG (2) (e) (i) to (vii) and (ix) ; (ii) 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 the confirmation, variation or revocation of the order; (iii) any other factors the court considers relevant; and - (i) the matters mentioned in section 103ZZZG (2) (e) (i) to (vii) and (ix) ; - (ii) 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 the confirmation, variation or revocation of the order; - (iii) any other factors the court considers relevant; and - (f) must not take into account the views of the offender or defendant. - (i) the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or - (ii) the application or the proceeding on the application is vexatious; and - (i) the matters mentioned in section 103ZZZG (2) (e) (i) to (vii) and (ix) ; - (ii) 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 the confirmation, variation or revocation of the order; - (iii) any other factors the court considers relevant; and