Div 4Limitation on publicity

Division 4—Limitation on publicity 13—Limitation on publicity (1) A person must not publish, by radio, television, newspaper or in any other way, a report of any action or proceeding taken against a youth by a police officer or family conference under this Part if the report— (a) identifies the youth or contains information tending to identify the youth; or (b) reveals the name, address or school, or includes any particulars, picture or film that may lead to the identification, of any youth who is in any way concerned in the action or proceeding; or (c) identifies the victim, a person who has suffered loss or damage or any other person involved in the action or proceeding (other than a person involved in an official capacity) without the consent of that person. (1a) However, a person who proposes to make a documentary or undertake an educational or research project about juvenile justice matters may, in accordance with rules of court, apply to the Youth Court for permission to publish, for the purposes of the documentary or project, a report identifying a youth that would otherwise be suppressed from publication under this section. (1b) An application under subsection (1a) must be endorsed with the written consent of the youth and a guardian of the youth (the consenting guardian) to publication of the report. (1c) Subject to subsection (1d), the Court must give the following persons reasonable notice of the time and place of the hearing of the application: (a) the applicant; and (b) the youth; and (c) the guardians of the youth; and (d) such other persons as the Court believes have a proper interest in the matter. (1d) The Court is not obliged to give notice of the hearing to a person whose whereabouts cannot, after reasonable enquiries, be ascertained. (1e) In determining an application under subsection (1a), the Court must regard the welfare of the youth as the paramount consideration and, to that end, must take into account— (a) the impact on the youth of publication of the report; and (b) the purpose to be served by publication of the report; and (c) whether publication of the report is necessary for the purpose of the documentary or project; and (d) considerations of public interest; and (e) any other matter that is, in the Court's view, relevant. (1f) On completing the hearing of the application the Court may make any of the following orders: (a) an order permitting publication of the report as part of the documentary or project subject to— (i) a condition that the youth and the consenting guardian are to be given a reasonable opportunity to view the documentary or project after its completion but before its release to the public; and (ii) a condition that, if the documentary or project is so viewed, it must not be released to the public until at least 30 days after the viewing; and (iii) such other conditions (if any) as the Court thinks fit; or (b) an order refusing the application; or (c) any ancillary order it thinks fit (including an order as to costs). (1g) The youth or consenting guardian may, at any time before the release to the public of a documentary or project the subject of an order under subsection (1f)(a), apply to the Court for revocation or variation of the order on the ground that the report included or to be included in the documentary or project of the proceedings under this Part— (a) is not a fair report of the proceedings; or (b) includes material not in the contemplation of the Court at the time the order was made, and that the release to the public of the documentary or project while it contains that report would prejudice the welfare of the youth. (1h) If an application for revocation or variation is made under subsection (1g), the documentary or project must not, while it contains the report to which the application relates, be released to the public until the application has been determined or withdrawn. (1i) The Court must give the following persons reasonable notice of the time and place of the hearing of an application under subsection (1g): (a) the youth; and (b) the consenting guardian; and (c) the person who was the applicant for the order sought to be revoked or varied. (1j) On completing the hearing of an application under subsection (1g), the Court may make any of the following orders: (a) an order revoking the order the subject of the application; or (b) an order varying or revoking any condition of the order or imposing a new condition; or (c) an order refusing the application; or (d) any ancillary order it thinks fit (including an order as to costs). (2) A person employed or engaged in the administration of this Act must not divulge information about a youth against whom any action or proceeding has been taken under this Part except in the course of his or her official functions or where the information is given to a person for the purposes of a publication the subject of an order under subsection (1f)(a). (3) A person who contravenes this section or a condition of publication imposed under subsection (1f) or (1j) is guilty of an offence. Maximum penalty: $10 000. (4) This section does not prevent the disclosure of information under any other provision of this Act. (5) For the purposes of this section, a documentary or project is released to the public when it is released for viewing by persons other than those involved in the making or undertaking of it.