10ADisclosure of information about identity etc. in proceedings

10A Disclosure of information about identity etc. in proceedings S. 10A(1) amended by No. 67/2014 s. 147(Sch. 2 item 45.3(a)). (1) This section applies if one or more of the following matters is in issue, or may be disclosed, in any proceeding before a court, a tribunal, a Royal Commission or a Board of Inquiry— (a) the original identity, or a former identity acquired under this Act, of a participant; or (b) the fact that a person is a participant; or S. 10A(1)(c) amended by No. 34/2016 s. 14(1)(a). (c) the fact that a person has undergone or is undergoing assessment for inclusion in the Victorian witness protection program; or S. 10A(1)(d) inserted by No. 34/2016 s. 14(1)(b). (d) the original name of a person to whom alternative protection arrangements are being provided; or S. 10A(1)(e) inserted by No. 34/2016 s. 14(1)(b). (e) the fact that a person is being provided with alternative protection arrangements; or S. 10A(1)(f) inserted by No. 34/2016 s. 14(1)(b). (f) the fact that a person has undergone or is undergoing assessment for the provision of alternative protection arrangements. S. 10A(2) amended by No. 67/2014 s. 147(Sch. 2 item 45.3(b)). (2) The court, tribunal, Royal Commission or Board of Inquiry must, unless it considers that it is not in the interests of justice to do so— S. 10A(2)(a) amended by No. 34/2016 s. 14(2). (a) hold the part of the proceeding that relates to the matter or matters referred to in subsection (1) in private; and S. 10A(2)(b) amended by No. 34/2016 s. 14(2). (b) make an order prohibiting or restricting the publication of evidence given before it that, in its opinion, will ensure that the matter or matters referred to in subsection (1) is not disclosed; and (c) make any other orders that it considers appropriate to ensure that neither of the following is made public— S. 10A(2)(c)(i) amended by No. 34/2016 s. 14(2). (i) the matter or matters referred to in subsection (1); (ii) information that may compromise the security of a person referred to in that subsection. (3) To avoid doubt, subsection (2)(b) does not prevent the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication. (4) In this section— ***participant*** includes a person in relation to whom an interim protection declaration has been made.