sec.791Publication of information disclosing identity of party to proceeding

sec.791 Publication of information disclosing identity of party to proceeding

A person must not publish information that identifies, or is likely to lead to the identification of, a minor who is or has been a party to a proceeding under this Act in the tribunal, Mental Health Court or Court of Appeal. Maximum penalty—200 penalty units or 2 years imprisonment. A person must not publish information that identifies, or is likely to lead to the identification of, a person other than a minor who is or has been a party to a proceeding mentioned in section 790 (1) . Maximum penalty—200 penalty units or 2 years imprisonment. However, a person does not commit an offence against subsection (2) if the person publishes the information with the leave of the tribunal, the Mental Health Court or the Court of Appeal. The tribunal, Mental Health Court or Court of Appeal may grant leave to publish the information only if it is satisfied— the publication is necessary to assist in lessening or preventing a serious risk to— the life, health or safety of a person, including the person to whom the information relates; or public safety; or the publication is in the public interest. (sec.791-ssec.1) A person must not publish information that identifies, or is likely to lead to the identification of, a minor who is or has been a party to a proceeding under this Act in the tribunal, Mental Health Court or Court of Appeal. Maximum penalty—200 penalty units or 2 years imprisonment. (sec.791-ssec.2) A person must not publish information that identifies, or is likely to lead to the identification of, a person other than a minor who is or has been a party to a proceeding mentioned in section 790 (1) . Maximum penalty—200 penalty units or 2 years imprisonment. (sec.791-ssec.3) However, a person does not commit an offence against subsection (2) if the person publishes the information with the leave of the tribunal, the Mental Health Court or the Court of Appeal. (sec.791-ssec.4) The tribunal, Mental Health Court or Court of Appeal may grant leave to publish the information only if it is satisfied— the publication is necessary to assist in lessening or preventing a serious risk to— the life, health or safety of a person, including the person to whom the information relates; or public safety; or the publication is in the public interest.

• (a) the publication is necessary to assist in lessening or preventing a serious risk to— (i) the life, health or safety of a person, including the person to whom the information relates; or (ii) public safety; or
• (i) the life, health or safety of a person, including the person to whom the information relates; or
• (ii) public safety; or
• (b) the publication is in the public interest.
• (i) the life, health or safety of a person, including the person to whom the information relates; or