1Judicial Proceedings Reports Act 1958

Version No. 053 **Judicial Proceedings Reports Act 1958** **No. 6280 of 1958** Version incorporating amendments as at 1 September 2023 **table of provisions** *Section Page* Part 1—Preliminary 1 1 Short title and commencement 1 2 Repeal 1 Part 2—Restrictions and prohibitions on certain publications 3 3 Restriction on publication of reports of judicial proceedings 3 4 Prohibition of reporting of names 8 4A Publication between 16 April 1991 and commencement of this section not an offence in certain circumstances 16 Part 3—Victim privacy orders 17 4C Definitions for this Part 17 4D Applying for a victim privacy order 18 4E Notifications to relevant news media organisations 19 4F Court may make victim privacy order 19 4G Orders to be on basis of evidence or sufficient credible information 22 4H Duration of victim privacy orders 22 4I Application for extension of victim privacy orders 23 4J Court may extend victim privacy order 23 4K Scope and effect of victim privacy order 25 4L Interim victim privacy orders 26 4M Where a victim privacy order or interim victim privacy order applies 26 4N Disclosure of certain information not prevented 27 4O Statement of reasons for making or extending a victim privacy order 27 4P Review of victim privacy orders or interim victim privacy orders 28 4Q Offence to contravene victim privacy order or interim victim privacy order 32 4R Other laws prohibiting or restricting publication not limited or otherwise affected 33 4S Limitation on applications under this Part where suppression orders under the Open Courts Act 2013 or other prohibitions in force 33 Part 4—General 35 5 Regulations 35 Schedule 36 Endnotes 37 1 General information 37 2 Table of Amendments 39 3 Explanatory details 43 **Version No.** **053** **Judicial Proceedings Reports Act 1958** **No. 6280 of 1958** Version incorporating amendments as at 1 September 2023 An Act to consolidate the Law regulating the Publication of Reports in relation to Certain Judicial Proceedings. **BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):** Pt 1 (Heading) inserted by No. 35/2021 s. 7(1). Part 1—Preliminary 1 Short title and commencement This Act may be cited as the **Judicial Proceedings Reports Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. 2 Repeal (1) The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed. Pt 2 (Heading) inserted by No. 35/2021 s. 7(2). Part 2—Restrictions and prohibitions on certain publications Nos 3814 s. 2, 3822 s. 5, 4625 s. 28(5). 3 Restriction on publication of reports of judicial proceedings (1) It shall not be lawful to print or publish or cause or procure to be printed or published— (a) in relation to any judicial proceedings any indecent matter or indecent medical surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; or (b) in relation to any judicial proceedings for dissolution of marriage, for nullity of marriage, for judicial separation, or for restitution of conjugal rights, any particulars other than the following, that is to say— (i) the names addresses and occupations of the parties and witnesses; (ii) a concise statement of the charges defences and counter-charges in support of which evidence has been given; (iii) submissions on any point of law arising in the course of the proceedings and the decision of the court or judge thereon; (iv) the summing-up of the judge and the finding of the jury (if any) and the judgment of the court and observations made by the judge in giving judgment: Provided that nothing in paragraph (b) of this subsection shall be held to permit the publication of anything contrary to the provisions of paragraph (a) of this subsection; or S. 3(1)(c) substituted by No. 60/1993 s. 23(1), amended by No. 68/2009 s. 97(Sch. item 72.1). (c) except as provided in this section in relation to a hearing under Part 5.5 or 5.6 of Chapter 5 of the **Criminal Procedure Act** **2009**, any matters other than— (i) the identity of the court and name of the judge constituting it; (ii) the names, ages, home addresses and occupations of the accused and witnesses; (iii) any relevant business information; (iv) the offence or offences, or a summary of it or them; S. 3(1)(c)(v) amended by No. 35/1996 s. 453(Sch. 1 item 41.1), substituted by No. 18/2005 s. 18(Sch. 1 item 53), amended by No. 17/2014 s. 160(Sch. 2 item 52). (v) the names of Australian legal practitioners engaged in the proceeding; (vi) if the proceeding is adjourned, the date and place to which it is adjourned and bail arrangements on the adjournment. S. 3(1A) inserted by No. 60/1993 s. 23(2). (1A) The following is relevant business information for the purposes of subsection (1)(c)(iii)— (a) any address used by the accused for carrying on a business on the accused's own account; (b) the name of any business which the accused was carrying on, on the accused's own account, at the time when events giving rise to the charge or charges occurred; (c) the name and address of any firm in which the accused was a partner at that time or by which at that time the accused was engaged under a contract of service or a contract for services; (d) the name and address of the registered or principal office of any company of which the accused was a director at that time or by which at that time the accused was engaged under a contract of service or a contract for services; (e) any working address of the accused in his or her capacity as a person engaged by a company referred to in paragraph (d). S. 3(1B) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.2). (1B) At a hearing under Part 5.5 or 5.6 of Chapter 5 of the **Criminal Procedure Act 2009**, the court may, on the application of the accused or, if there are more than one, any one of the accused, order that subsection (1)(c) shall not apply to reports of that hearing. S. 3(1C) inserted by No. 60/1993 s. 23(2), amended by No. 35/1996 s. 453(Sch. 1 item 41.2). (1C) If an accused is not represented by a legal practitioner at a hearing referred to in subsection (1B), the court must explain to the accused the restrictions imposed by subsection (1)(c) and inform the accused about the court's power under subsection (1B). S. 3(1D) inserted by No. 60/1993 s. 23(2). (1D) If a hearing at which an order has been made under subsection (1B) is adjourned, the court must, on resuming the hearing, announce that the order has been made. S. 3(1E) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.3). (1E) It is not unlawful under this section to print or publish or cause or procure to be printed or published any matter relating to a hearing referred to in subsection (1)(c) after the conclusion of the trial or hearing of the person charged or of the last of the persons charged to be tried or heard. S. 3(2) amended by Nos 57/1989 s. 3(Sch. item 106.1(a)), 114/2003 s. 12.1.3 (Sch. 6 item 7). (2) It shall not be lawful to sell distribute or give away or cause or procure to be sold distributed or given away or to have in possession for sale distribution or giving away any newspaper or document (whether printed or published in Victoria or elsewhere) containing or purporting to contain any matter or details or particulars the printing or publication of which would if the newspaper or document were printed or published in Victoria be a contravention of the provisions of this section. For the purposes of this subsection ***newspaper*** and ***document*** have respectively the like meanings as in section 1.3 of the **Gambling Regulation Act 2003**. S. 3(3) amended by No. 9554 s. 2(2)(Sch. 2 item 103). (3) If any person acts in contravention of the provisions of subsection (1) or of subsection (2) of this section such person shall in respect of each offence be liable if a corporation to a penalty of not more than 50 penalty units and if any other person to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment: Provided that no person other than a proprietor, editor, master printer or publisher shall be liable to be convicted under subsection (1) of this section: Provided further that where a person who is guilty of any offence under this section is a corporation, any person being a member of the governing body, director, manager, or secretary of such corporation shall be deemed to have committed the like offence and be liable to the pecuniary penalty or imprisonment or both provided by this Act in the case of such an offence by a person other than a corporation accordingly, unless he proves that the act or omission constituting the offence took place without his knowledge or consent. S. 3(4) amended by No. 9848 s. 18(1)(Sch.). (4) No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions. S. 3(5) amended by Nos 16/1986 s. 30(Sch.), 57/1989 s. 3 (Sch. item 106.1(b)). (5) Nothing in this section shall apply to the printing selling distributing giving away or having in possession of any pleading, transcript of evidence or other document for use in connexion with any judicial proceedings or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any notice or report in pursuance of the directions of the adjudicating magistrate or judge or court; or to the printing publishing selling distributing giving away or having in possession of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions. (6) In this Act ***judicial proceedings*** means judicial proceedings whether in Victoria or elsewhere. S. 3(7) amended by No. 57/1989 s. 3(Sch. item 106.1(c)). (7) This section shall be read and construed as in aid and not in derogation of the provisions of section 66 of the **Maintenance Act 1965**. Note to s. 3 inserted by No. 20/2023 s. 50. **Note** Other Acts may provide that this section does not prevent certain disclosures of information. For example, see Division 6 of Part 9.2 of the **Mental Health and Wellbeing Act 2022**. No. 6113 s. 2. 4 Prohibition of reporting of names S. 4(1) amended by Nos 7596 s. 2(a)(b), 57/1989 s. 3 (Sch. item 106.2(a)(i)(ii)), substituted by No. 8/1991 s. 18(a). (1) In this section— S. 4(1) def. of *adult* inserted by No. 35/2020 s. 3(1)(a). ***adult*** means a person aged 18 years or older; S. 4(1) def. of *child* inserted by No. 35/2020 s. 3(1)(a). ***child*** means a person under the age of 18 years; S. 4(1) def. of *court* inserted by No. 35/2020 s. 3(1)(a). ***court*** means the Supreme Court, the County Court or the Magistrates' Court; S. 4(1) def. of *decision-making capacity* inserted by No. 35/2020 s. 3(1)(a). ***decision-making capacity*** has the same meaning as it has in the **Guardianship and Administration Act 2019** as if a reference in that section of that Act to "this Act" were a reference to this section of this Act; S. 4(1) def. of *Judicial College of Victoria* inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1). * * * * * S. 4(1) def. of *permission* inserted by No. 35/2020 s. 3(1)(a). ***permission*** means written permission or, if a person is incapable of giving written permission, permission recorded by any other means; S. 4(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 90(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 4(1) def. of *publish* inserted by No. 8/1991 s. 18(a), substituted by No. 79/2014 s. 49(1), amended by No. 35/2020 s. 3(1)(b). ***publish*** means disseminate or provide access to the public or a section of the public by any means, including by— (a) publication in a book, newspaper, magazine or other written publication; or (b) broadcast by radio or television; or (c) public exhibition; or (d) broadcast or electronic communication (including but not limited to social media)— other than for a purpose connected with a judicial proceeding; S. 4(1) def. of *relevant person* inserted by No. 35/2020 s. 3(1)(a). ***relevant person***, in relation to a supporting statement, means— (a) a registered 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 a member of a prescribed class of persons; S. 4(1) def. of *Sentencing Advisory Council* inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1). * * * * * S. 4(1) def. of *sexual offence* inserted by No. 8/1991 s. 18(a), amended by Nos 47/2016 s. 40, 5/2018 s. 18, substituted by No. 35/2020 s. 3(1)(c). ***sexual offence*** has the same meaning as it has in section 4 of the **Criminal Procedure Act 2009**. S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by Nos 33/1994 s. 17(3), 35/2020 s. 3(2). (1A) A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence[[1]](#endnote-2) is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence or offence has commenced, is being conducted or has been finally determined. Note to s. 4(1A) inserted by No. 20/2023 s. 51. **Note** Other Acts may provide that this subsection does not prevent certain disclosures of information. For example, see Division 6 of Part 9.2 of the **Mental Health and Wellbeing Act 2022**. S. 4(1B) inserted by No. 8/1991 s. 18(a), amended by No. 37/2014 s. 10(Sch. item 90(b)), substituted by No. 35/2020 s. 3(3). (1B) Subsection (1A) does not apply if no complaint about the alleged offence had been made to a police officer. S. 4(1BA) inserted by No. 35/2020 s. 3(3). (1BA) Subsection (1A) does not apply to a victim of an alleged offence or an offence who publishes any matter that contains any particulars likely to identify that victim. **Note** If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies. S. 4(1BAB) inserted by No. 35/2021 s. 4(1). (1BAB) Subsection (1A) does not apply to the publication of any matter that contains any particulars likely to lead to the identification of a victim of an alleged offence or an offence after the victim is deceased. **Note** If the publication is likely to lead to the identification of another victim who is not deceased and who does not give permission to publish, the offence under subsection (1A) still applies. S. 4(1BB) inserted by No. 35/2020 s. 3(3). (1BB) It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that— (a) the publication was about a victim who had given the accused permission to publish the particulars and was an adult at the time the permission was given; and (b) the publication was in accordance with the limits, if any, set by the victim; and **Example** Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name. (c) the victim had decision-making capacity to give permission to publish the particulars. **Note** If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies. S. 4(1BC) inserted by No. 35/2020 s. 3(3). (1BC) It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that— (a) the publication was about a victim who had given the accused permission to publish the particulars and was a child at the time the permission was given; and (b) the publication was in accordance with the limits, if any, set by the victim; and **Example** Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name. (c) the permission was accompanied by a supporting statement that complies with subsection (1BD) made by a relevant person regarding the victim's permission to publish the particulars. **Note** If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies. S. 4(1BD) inserted by No. 35/2020 s. 3(3). (1BD) For the purposes of subsection (1BC), a supporting statement must— (a) state that the relevant person is of the opinion that the child understands— (i) what it means to be identified as a victim of a sexual offence; and (ii) the consequences of losing anonymity; and (b) include the name, qualification and business address of the relevant person. S. 4(1BE) inserted by No. 35/2020 s. 3(3). S. 4(1BF) inserted by No. 35/2020 s. 3(3). (1BE) It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that the publication was permitted by a court order under subsection (1BF). (1BF) Subject to subsection (1BG), a court may make an order permitting the publication of any matter that contains any particulars likely to lead to the identification of a victim if satisfied— S. 4(1BF)(a) substituted by Nos 6280/1958 s. 4B(a), 35/2021 s. 4(2), 6280/1958 s. 4C(1)(a). (a) that it has taken into account the views of any victims likely to be identified, if those views are known following reasonable enquiries; and S. 4(1BF)(b) substituted by Nos 6280/1958 s. 4B(a), 35/2021 s. 4(2), 6280/1958 s. 4C(1)(a). (b) that it is in the public interest to make the order. S. 4(1BG) inserted by No. 35/2020 s. 3(3). (1BG) The court— (a) in making an order under subsection (1BF), must not take into account the views of the alleged offender or convicted offender; and (b) must not make an order under subsection (1BF) if it would be likely to lead to the identification of a victim who does not give permission for that publication and who is— S. 4(1BG)(b)(i) amended by Nos 6280/1958 s. 4B(b), 35/2021 s. 4(3), 6280/1958 s. 4C(1)(b). (i) an adult victim with decision-making capacity at the time the proceeding under subsection (1BF) is being determined; or (ii) a victim who was a child at the time the proceeding under subsection (1BF) is being determined and who has a supporting statement made in accordance with subsection (1BD). S. 4(1BH) inserted by No. 35/2020 s. 3(3). (1BH) A court may make an order under subsection (1BF)— (a) on application by a person with sufficient interest, unless the person is the alleged offender or convicted offender; or (b) on its own motion. S. 4(1BI) inserted by No. 35/2020 s. 3(3). (1BI) Nothing in this section affects any other law prohibiting or restricting publication of identifying material. S. 4(1C) inserted by No. 8/1991 s. 18(a), repealed by No. 35/2020 s. 3(4). * * * * * S. 4(1CA) (1CB) inserted by No. 11/2019 s. 15, repealed by No. 35/2020 s. 3(4). * * * * * S. 4(1D) inserted by No. 79/2014 s. 49(3), substituted by No. 54/2017 s. 8(2). (1D) This section does not prevent a disclosure of information to a prescribed person or body for the purpose of enabling the person or body to perform a prescribed statutory function. S. 4(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 104), 8/1991 s. 18(b). (2) Any person who is guilty of an offence under subsection (1A) is liable, if a corporation, to a penalty of not more than 50 penalty units and, if a person other than a corporation, to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment. (3) Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent. S. 4(4) amended by No. 9848 s. 18(1)( Sch.). (4) No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions. S. 4(5) amended by No. 57/1989 s. 3(Sch. item 106.2(b) (i)(ii)), repealed by No. 8/1991 s. 18(c). * * * * * S. 4A inserted by No. 35/2020 s. 4. 4A Publication between 16 April 1991 and commencement of this section not an offence in certain circumstances (1) This section applies to a publication which occurred during the period between 16 April 1991 and the commencement of this section. (2) A person who published or caused to be published any matter that contains any particulars likely to lead to the identification of a victim of a sexual offence is not liable for an offence against section 4(1A) if either or both of the following apply— (a) the publication was made by the victim likely to be identified; (b) at the time of the publication, the person had authorisation from the victim to publish the particulars unless the victim was a child at the time of publication. S. 4B inserted by No. 35/2020 s. 4, repealed by No. 35/2021 s. 6. * * * * * S. 4C inserted by No. 35/2021 s. 6A, repealed by No. 6280/1958 s. 4C(2). * * * * * Pt 3 (Heading and ss 4C–4S) inserted by No. 35/2021 s. 8. Part 3—Victim privacy orders S. 4C inserted by No. 35/2021 s. 8. 4C Definitions for this Part In this Part— ***affected person*** means a natural person against whom a sexual offence has been committed or is alleged to have been committed in Victoria, whether or not a proceeding in respect of the alleged offence or offence has commenced, is being conducted or has been finally determined; ***court*** has the same meaning as in section 4(1); ***family violence*** has the same meaning as it has in section 5 of the **Family Violence Protection Act 2008**; ***interim victim privacy order*** means an order made under section 4L; ***publish*** has the same meaning as in section 4(1); ***relevant news media organisation*** means a news media organisation that has nominated itself to a court to receive notifications relating to victim privacy orders from the court; ***sexual offence*** has the same meaning as in section 4(1); ***vexatious***, in relation to an application or a proceeding under this Part, includes— (a) an abuse of the process of a court; (b) made or commenced to harass or annoy, to cause delay or detriment, or for another wrongful purpose; (c) made, commenced or pursued without reasonable grounds; (d) pursued or conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose; ***victim privacy order*** means an order made under section 4F. S. 4D inserted by No. 35/2021 s. 8. 4D Applying for a victim privacy order (1) A person with a sufficient interest may apply to a court for a victim privacy order in respect of a deceased affected person who was the victim of a sexual offence or an alleged sexual offence. (3) The application must set out the reasons the applicant believes— (a) it is necessary to prohibit or restrict the publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of a sexual offence or an alleged sexual offence; and (b) why the publication would cause undue distress to the applicant. (4) Without limiting the requirements of the **Civil Procedure Act 2010**, the applicant must disclose all material facts in relation to the application. (5) To avoid doubt, an application for a victim privacy order cannot be made by or on behalf of the offender or alleged offender. (6) An application for a victim privacy order can only be made in relation to an alleged sexual offence if— (a) a complaint about the alleged offence has been made to a police officer by the deceased affected person when alive; or (b) the alleged offence has otherwise been brought to the attention of a police officer. **Note** See also the limitations in section 4S. S. 4E inserted by No. 35/2021 s. 8. 4E Notifications to relevant news media organisations (1) On receiving an application for a victim privacy order, the court must take reasonable steps to ensure that any relevant news media organisation is notified of the application for the victim privacy order. (2) The notification may be by— (a) electronic communication; or (b) any other means that the court considers appropriate. (3) An organisation which receives the notification may appear and be heard at the hearing of the application. (4) Nothing in this section limits any other requirement for an applicant to serve an application on any other party to the proceeding on the application. S. 4F inserted by No. 35/2021 s. 8. 4F Court may make victim privacy order (1) On an application under section 4D, the court may make an order prohibiting or restricting the publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of a sexual offence or an alleged sexual offence (a ***victim privacy order***) if satisfied that it is necessary to avoid causing undue distress to the applicant. (2) In determining whether to make a victim privacy order, the court— (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 deceased affected person about being publicly identified as a victim of a sexual offence or an alleged sexual offence after their death which were expressed during that person'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 victim privacy order may be used to perpetrate family violence; or (ii) the application or proceeding for 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 deceased affected person— (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 family violence or other offending or alleged offending by the applicant against the deceased affected person 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 deceased affected person's community; (x) any other factors the court considers relevant; and (f) must not take into account the views of the offender or alleged offender. (3) Despite subsection (1), a court is only to make a victim 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. 4G inserted by No. 35/2021 s. 8. 4G Orders to be on basis of evidence or sufficient credible information (1) A court must be satisfied on the basis of evidence, or sufficient credible information that is satisfactory to the court, that the relevant ground is established for— (a) making a victim privacy order; or (b) extending the duration of a victim privacy order; or (c) confirming, varying or revoking of a victim privacy order on a review. (2) Subsection (1) does not apply to an interim victim privacy order. S. 4H inserted by No. 35/2021 s. 8. 4H Duration of victim privacy orders (1) The period for which a victim privacy order, other than an interim victim privacy order, operates must be— (a) determined by the court; and (b) specified in the order. (2) The period for which a victim privacy order operates— (a) may be for a fixed or ascertainable period; and (b) subject to sections 4I and 4J, must not exceed 5 years. (3) Despite subsection (1), a victim privacy order is automatically revoked on whichever is the latest of— (a) the death of the person who applied for the order; or (b) if more than one person applied for the same order, the death of the last of those persons. S. 4I inserted by No. 35/2021 s. 8. 4I Application for extension of victim privacy orders (1) A person in respect of whom a victim privacy order has been made may apply to the court that made the order for an extension of the duration of the order. (2) An application under subsection (1) must be made before the expiry of the victim privacy order. (3) Without limiting the requirements of the **Civil Procedure Act 2010**, the applicant must disclose all material facts in relation to the application for the extension of the duration of the victim privacy order. (4) If an application under subsection (1) is made, the victim privacy order which is the subject of the application continues in operation until that application is determined, despite the period of the victim privacy order fixed in accordance with section 4H. S. 4J inserted by No. 35/2021 s. 8. 4J Court may extend victim privacy order (1) On an application under section 4I(1), the court must take reasonable steps to ensure that any relevant news media organisation is notified of the application for extension of the duration of the victim privacy order. (2) The notification may be by— (a) electronic communication; or (b) any other means that the court considers appropriate. (3) A person specified in subsection (1) is entitled to appear and be heard by the court on the application for the extension of the duration of the victim privacy order. (4) In addition to subsection (3), the following are entitled to appear and be heard by the court on the application for the extension of the duration of the victim privacy order— (a) any person in addition to the applicant who has a sufficient interest in whether the order should be extended; (b) a party to any current proceeding before a court relating to the offence or alleged offence to which the order relates, other than the offender or alleged offender. (5) On an application under subsection (1), the court may extend the duration of a victim privacy order if satisfied that it is necessary to avoid causing undue distress to that person. (6) In determining whether to extend the duration of the victim privacy order, the court— (a) must have regard to 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 deceased affected person about being publicly identified as a victim of a sexual offence or an alleged sexual offence after their death which were expressed during that person's lifetime, if known, following reasonable enquiries; and (d) must take into account any risk that— (i) the application to extend, proceeding on the application to extend or the extended victim privacy order may be used to perpetrate family violence; or (ii) the application to extend or proceeding on the application to extend is vexatious; and (e) must not take into account the views of the offender or alleged offender. (7) A court is only to extend the duration of a victim 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. (8) A person may apply for an extension of the duration of a victim privacy order more than once and a court may extend the duration of a victim privacy order more than once. (9) The period of any extension of a victim privacy order must not exceed 5 years in relation to each extension. S. 4K inserted by No. 35/2021 s. 8. 4K Scope and effect of victim privacy order (1) A victim privacy order must specify— (a) to whom the order applies in relation to prohibiting or restricting publication of information that is likely to lead to the identification of a deceased affected person as a victim of a sexual offence or an alleged sexual offence, including specifying whether the order applies to— (i) specific persons or bodies as specified in the order, as the case requires; or (ii) the general public at large; and (b) the information to which the order prohibiting or restricting publication applies with sufficient detail to ensure that it is readily apparent from the terms of the order what information is subject to the order. (2) A victim privacy order must not prevent the publication of details of a sexual offence or an alleged sexual offence or the identification of an offender or an alleged offender if that publication is not likely to lead to the identification of the deceased affected person as a victim of that offence or alleged offence. S. 4L inserted by No. 35/2021 s. 8. 4L Interim victim privacy orders (1) If an application is made to a court for a victim privacy order, the court may make an interim victim privacy order in respect of that application. (2) An interim victim privacy order may be made without determining the merits of the application under sections 4F and 4G. (3) An interim victim privacy order has effect until— (a) the substantive application is determined; or (b) the interim victim privacy order is revoked by a court. (4) If a court makes an interim victim privacy order, the court must determine the substantive application for the victim privacy order as a matter of urgency. S. 4M inserted by No. 35/2021 s. 8. 4M Where a victim privacy order or interim victim privacy order applies (1) A victim privacy order or an interim victim privacy order applies only to the prohibition or restriction on the publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of the sexual offence or alleged sexual offence in a place where the order applies, as specified in the order. (2) Subject to subsection (3), a victim privacy order or an interim victim privacy order is not limited to applying in Victoria and may be made to apply anywhere in Australia. (3) A victim privacy order or an interim victim privacy order must not be made to apply outside Victoria unless the court is satisfied that having the order apply outside Victoria is necessary for achieving the purpose for which the order is made. S. 4N inserted by No. 35/2021 s. 8. 4N Disclosure of certain information not prevented A victim privacy order or an interim victim privacy order does not apply to or prevent a disclosure of information to a prescribed person or body for the purposes of enabling the person or body to perform a prescribed statutory function. **Note** See also the definition of ***publish*** in section 4(1). S. 4O inserted by No. 35/2021 s. 8. 4O Statement of reasons for making or extending a victim privacy order (1) Subject to subsection (3), in the circumstances specified in subsection (2), a court must give a written statement of reasons that sets out— (a) if the court makes a victim privacy order— (i) the reasons for the terms of the order; and (ii) the reasons for the duration, grounds and scope of the information covered by the order; and (b) if the court extends the duration of a victim privacy order, the reasons for the extension of the duration of the order. (2) A statement of reasons must be given— (a) at the request of— (i) the applicant; or (ii) any other person who in the opinion of the court has a sufficient interest in the terms and effect of the victim privacy order or the extension of the duration of the order; and (b) if practicable, within 30 days of the making of the request. (3) A court is not required to give a statement of reasons for— (a) an interim victim privacy order; or (b) an order varying a victim privacy order or an interim victim privacy order, if the order itself specifies the reason for the variation; or (c) an order revoking a victim privacy order or an interim victim privacy order. (4) A written statement of reasons may be subject to any redactions that are reasonably required to effect the purpose of the order. (5) A failure to comply with this section does not affect the validity of a victim privacy order. S. 4P inserted by No. 35/2021 s. 8. 4P Review of victim privacy orders or interim victim privacy orders (1) A court that made a victim privacy order or an interim victim privacy order may review the order for the purpose of confirming, varying or revoking the order— (a) on the court's own motion; or (b) on the application of the following— (i) the person who applied for the order; (ii) any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; (iii) a party to any current proceeding before a court relating to the offence or alleged offence to which the order relates, other than the offender or alleged offender; (iv) a relevant news media organisation. (2) Without limiting the requirements of the **Civil Procedure Act 2010**, an applicant must disclose all material facts in relation to the application for review. (3) To avoid doubt, an application for review cannot be made by or on behalf of the offender or alleged offender. (4) On determining 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 any relevant news media organisation is notified of the own motion review or the application for review of the victim privacy order or an interim victim privacy order. (5) The notification may be by— (a) electronic communication; or (b) any other means that the court considers appropriate. (6) Each of the persons specified in subsection (1)(b) or (4) is entitled to appear and be heard by the court on the review of a victim privacy order or an interim victim privacy order, whether or not the person is the applicant for the review. (7) Subject to subsection (10), on a review, the court may confirm, vary or revoke the victim privacy order or interim victim privacy order, as appropriate. (8) In determining whether to confirm, vary or revoke a victim privacy order or an interim victim privacy order, the court— (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 deceased affected person about being publicly identified as a victim of a sexual offence or an alleged sexual offence after their death which were expressed during that person's lifetime, if known, following reasonable enquiries; and (d) must take into account any risk that— (i) the application to confirm, vary or revoke the victim privacy order or the interim victim privacy order, proceeding to confirm, vary or revoke the order or the interim order or a confirmed, varied or revoked order or interim order may be used to perpetrate family violence; or (ii) the application to confirm, vary or revoke the victim privacy order or the interim victim privacy order or the proceeding to confirm, vary or revoke the order or the interim order 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 deceased affected person— (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 family violence or other offending or alleged offending by the applicant against the deceased affected person that would make the applicant not an appropriate person to be granted the confirmation, variation or revocation of the order; (ix) whether they were in a relationship that had cultural recognition as being like family in the applicant's or the deceased affected person's community; (x) any other factors the court considers relevant; and (f) must not take into account the views of the offender or alleged offender. (9) A court is only to confirm or vary a victim privacy order or an interim victim 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. (10) Unless the court considers it is not appropriate to do so, the court must revoke a victim privacy order or an interim victim privacy order if the application for revocation of the order is made by the person who applied for the order. S. 4Q inserted by No. 35/2021 s. 8. 4Q Offence to contravene victim privacy order or interim victim privacy order (1) A person must not engage in conduct that constitutes a contravention of a victim privacy order or an interim victim privacy that is in force if that person knows that the victim privacy order or interim victim privacy order, as the case requires, is in force. Penalty: in the case of a natural person, imprisonment for 4 months or 20 penalty units, or both; in the case of a body corporate, 50 penalty units. (2) For the purposes of subsection (1), in the absence of evidence to the contrary, a person is taken to be aware that a victim privacy order or an interim victim privacy order is in force if a court has electronically transmitted notice of the order to the person. Note to s. 4Q inserted by No. 20/2023 s. 52. **Note** Other Acts may provide that this section does not prevent certain disclosures of information. For example, see Division 6 of Part 9.2 of the **Mental Health and Wellbeing Act 2022**. S. 4R inserted by No. 35/2021 s. 8. 4R Other laws prohibiting or restricting publication not limited or otherwise affected Nothing in this Part limits or otherwise affects any other law that prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication of identifying material. **Example** A victim privacy order does not limit or otherwise affect the operation of a suppression order made under the **Open Courts Act 2013**. S. 4S inserted by No. 35/2021 s. 8. 4S Limitation on applications under this Part where suppression orders under the Open Courts Act 2013 or other prohibitions in force (1) A person who could apply otherwise for a victim privacy order under this Part cannot apply for a victim privacy order if— (a) a suppression order under the **Open Courts Act 2013** that prohibits or restricts publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of the sexual offence or alleged sexual offence (however described) to which the application under this Part would relate is either— (i) in force; or (ii) could be sought under that Act; or (b) a prohibition or restriction on publication under Part 7.5 of Chapter 7 of the **Children, Youth and Families Act 2005** or any other Act or law that prohibits or restricts publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of the sexual offence or alleged sexual offence (however described) to which the application under this Part would relate is either— (i) in force; or (ii) could be sought under that Act or law. (2) The limitation under subsection (1) applies for as long as there is in force— (a) the relevant suppression order under the **Open Courts Act 2013**; or (b) any other relevant prohibition or restriction on publication under Part 7.5 of Chapter 7 of the **Children, Youth and Families Act 2005** or any other Act or law. Pt 4 (Heading) inserted by No. 35/2021 s. 7(3). Part 4—General S. 5 inserted by No. 54/2017 s. 9. 5 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances. Section 2 Schedule | *Number of Act* | *Title of Act* | *Extent of Repeal* | | --- | --- | --- | | 3814 | **Judicial Proceedings (Regulation of Reports) Act 1929** | The whole | | 3822 | **Sessional Acts Revision Act 1929** | Item in Schedule referring to **Judicial Proceedings (Regulation of Reports) Act 1929** | | 4625 | **Money Lenders Act 1938** | Section 28(5) | | 6113 | **Judicial Proceedings (Regulation of Reports) Act 1957** | The whole | Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The **Judicial Proceedings Reports Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Judicial Proceedings Reports Act 1958** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Judicial Proceedings Reports Act 1958, No. 6280/1958** | *Assent Date:* | 30.9.58 | | --- | --- | | *Commencement Date:* | S. 4B inserted by No. 35/2020 s. 4 on 18.11.20: s. 2(1); s. 4C inserted by No. 35/2021 s. 6A on 22.9.21: s. 2(1) | | *Note:* | S. 4B amended s. 4 on 1.9.21; s. 4C(1) amended s. 4 on 14.12.21; s. 4C(2) repealed s. 4C on 16.12.21 | | *Current State:* | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Judicial Proceedings Reports (Amendment) Act 1967, No. 7596/1967** | Assent Date: | 5.12.67 | | --- | --- | | Commencement Date: | 5.12.67 | | Current State: | All of Act in operation | **Penalties and Sentences Act 1981, No. 9554/1981** | Assent Date: | 19.5.81 | | --- | --- | | Commencement Date: | S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1788; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799 | | Current State: | All of Act in operation | **Director of Public Prosecutions Act 1982, No. 9848/1982** | Assent Date: | 21.12.82 | | --- | --- | | Commencement Date: | Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146 | | Current State: | All of Act in operation | **Courts Amendment Act 1986, No. 16/1986** | Assent Date: | 22.4.86 | | --- | --- | | Commencement Date: | Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 | | Current State: | All of Act in operation | **Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989** | Assent Date: | 14.6.89 | | --- | --- | | Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 | | Current State: | All of Act in operation | **Crimes (Sexual Offences) Act 1991, No. 8/1991** | Assent Date: | 16.4.91 | | --- | --- | | Commencement Date: | S. 18 on 5.8.91: Government Gazette 24.7.91 p. 2026 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Crimes (Criminal Trials) Act 1993, No. 60/1993** | Assent Date: | 8.6.93 | | --- | --- | | Commencement Date: | S. 23 on 1.7.93: Government Gazette 1.7.93 p. 1735 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Magistrates' Court (Amendment) Act 1994, No. 33/1994** | Assent Date: | 31.5.94 | | --- | --- | | Commencement Date: | S. 17(3) on 24.10.94: Government Gazette 20.10.94 p. 2789 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Legal Practice Act 1996, No. 35/1996** | Assent Date: | 6.11.96 | | --- | --- | | Commencement Date: | S. 453(Sch. 1 items 41.1, 41.2) on 1.1.97: s. 2(3) | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Gambling Regulation Act 2003, No. 114/2003** | Assent Date: | 16.12.03 | | --- | --- | | Commencement Date: | S. 12.1.3(Sch. 6 item 7) on 1.7.04: Government Gazette 1.7.04 p. 1843 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Legal Profession (Consequential Amendments) Act 2005, No. 18/2005** | Assent Date: | 24.5.05 | | --- | --- | | Commencement Date: | S. 18(Sch. 1 item 53) on 12.12.05: Government Gazette 1.12.05 p. 2781 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009** | Assent Date: | 24.11.09 | | --- | --- | | Commencement Date: | S. 97(Sch. item 72) on 1.1.10: Government Gazette 10.12.09 p. 3215 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Legal Profession Uniform Law Application Act 2014, No. 17/2014** | *Assent Date:* | 25.3.14 | | --- | --- | | *Commencement Date:* | S. 160(Sch. 2 item 52) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | *Current State:* | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014** | Assent Date: | 3.6.14 | | --- | --- | | Commencement Date: | S. 10(Sch. item 90) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014** | *Assent Date:* | 21.10.14 | | --- | --- | | *Commencement Date:* | S. 49 on 22.10.14: s. 2(1) | | *Current State:* | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016** | *Assent Date:* | 6.9.16 | | --- | --- | | *Commencement Date:* | S. 40 on 1.7.17: s. 2(2) | | *Current State:* | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Justice Legislation Amendment (Body-worn Cameras and Other Matters) Act 2017, No. 54/2017** | Assent Date: | 8.11.17 | | --- | --- | | Commencement Date: | Ss 8, 9 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 2 | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Justice Legislation Amendment (Victims) Act 2018, No. 5/2018** | Assent Date: | 27.2.18 | | --- | --- | | Commencement Date: | S. 18 on 28.2.18: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Open Courts and Other Acts Amendment Act 2019, No. 11/2019** | Assent Date: | 7.5.19 | | --- | --- | | Commencement Date: | S. 15 on 7.2.20: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020** | Assent Date: | 17.11.20 | | --- | --- | | Commencement Date: | Ss 3, 4 on 18.11.20: s. 2(1) | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Judicial Proceedings Reports Amendment Act 2021, No. 35/2021** | *Assent Date:* | 21.9.21 | | --- | --- | | *Commencement Date:* | Ss 4(2)(3), 6, 6A on 22.9.21: s. 2(1); ss 7, 8 on 15.10.21: s. 2(2); s. 4(1) on 15.12.21: s. 2(3) | | *Current State:* | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | **Mental Health and Wellbeing Amendment Act 2023, No. 20/2023** | Assent Date: | 8.8.23 | | --- | --- | | Commencement Date: | Ss 50–52 on 1.9.23: s. 2(2) | | Current State: | This information relates only to the provision/s amending the **Judicial Proceedings Reports Act 1958** | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. S. 4(1A): Section 28(7) of the **Magistrates' Court (Amendment) Act 1994**, No. 33/1994 reads as follows: 28 Transitional provisions (7) The amendments made by section 17 (extension of power to close proceedings to the public) apply to any proceeding being heard after the commencement of that section regardless of when the offence is alleged to have been committed. [↑](#endnote-ref-2)