Personal Violence Act 2016
Sch 1Permitted publication about proceedings
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Schedule 1 Permitted publication about proceedings Section 1.1 Schedule 1 Permitted publication about proceedings (see s 99 (1) (b)) 1.1 Definitions—sch 1 In this schedule: authorised person under the Children and Young People Act 2008— see the Children and Young People Act 2008, section 26. care and protection chapters—see the Children and Young People Act 2008, section 336. 1.2 Permitted publication about proceedings Table 1.2 column 1 item column 2 permitted publication about proceedings 1 information circulated in accordance with— (a) an order of the Magistrates Court; or (b) the written permission of a magistrate 2 information given to a criminal justice entity under the Crimes (Sentencing) Act 2005, section 136 (Information exchanges between criminal justice entities) 3 information given to the director-general in relation to the exercise of the director-general’s functions 4 information given to the director-general responsible for, or an authorised person under, the Children and Young People Act 2008 to allow the director-general to exercise the director-general’s powers under the care and protection chapters of that Act 5 information given to the public advocate in relation to the exercise of the public advocate’s functions
Permitted publication about proceedings Schedule 1 Section 1.2 column 1 item column 2 permitted publication about proceedings 6 a pleading, transcript of evidence or other document communicated to— (a) people concerned with any other proceeding in a court or tribunal for use in relation to that proceeding; or (b) people concerned with the disciplinary proceeding of a lawyer, for use in relation to that proceeding; or (c) an entity that grants legal aid, to help decide whether to provide legal aid in a particular case 7 matter published in law reports or other technical or professional publications 8 matter given to someone in relation to the person’s professional practice 9 information about a party to a proceeding, or a protection order made in the proceeding, communicated to another person, with the party’s permission, for the purpose of organising the party’s personal affairs
(see s 3) Note The Legislation Act contains definitions relevant to this Act. For example: • adult • breach • chief police officer • child • contravene • director of public prosecutions • lawyer • magistrate • Magistrates Court • may (see s 146) • must (see s 146) • parent • police officer • proceeding • public advocate • registrar • registrar of firearms • Supreme Court. affected person means— (a) in relation to personal violence at a workplace—the following people against whom personal violence has been, or is likely to be, committed: (i) an employee at the workplace; (ii) the employee’s employer; (iii) any other person in the workplace; or
(b) in relation to other personal violence—a person against whom personal violence has been, or is likely to be, committed. Note Personal violence does not include family violence which is dealt with under the Family Violence Act 2016 (see s 8 (2)). amend, a protection order, includes amend the order by— (a) adding further conditions, prohibitions or restrictions to the order or amending or deleting conditions, prohibitions or restrictions; or (b) extending or reducing the period for which the order remains in force. ammunition—see the Firearms Act 1996, dictionary. appealable decision means a decision mentioned in section 84. application, for a protection order, means an application for a final Note 1 The court may make an interim order on an application for a final order (see s 17). No separate application for an interim order is required. Note 2 As a protection order includes an order amending a protection order (see def protection order), an application for a protection order includes an application to amend a protection order. authorised person, for schedule 1 (Permitted publication about proceeding)—see schedule 1, section 1.1. care and protection chapters, for schedule 1 (Permitted publication about proceeding)—see schedule 1, section 1.1. child, of a person, includes— (a) a child who normally lives with the person; and (b) a child for whom the person is a guardian. Note A child is someone under 18 years old (see Legislation Act, dict, pt 1). consent order means a protection order made under section 25.