(1) [Section 31 Subsection (1) amended by No. 1 of 2003, s. 8, Applied:16 Apr 2003] A person must not publish any information in respect of any proceedings that are to be, are being or have been taken in the Court if the information identifies, or may lead to the identification of, a youth who is the subject of or a witness in the proceedings except where –
(d) a police officer, or a person or a member of an authority responsible for the enforcement of laws in this State, in the course of his or her official functions; and
(e) a member of the Australian Federal Police, a member of the police force of another State or a Territory or a person or a member of any other authority responsible for the enforcement of laws of the Commonwealth, any other State or a Territory in the course of his or her official functions; and
(f) a person employed or engaged in the administration of this Act in the course of his or her official functions; and
(g) a person employed or engaged in the administration of the Act against which the offence was committed in the course of his or her official functions; and
(h) a person undertaking research that does not involve the identification of the youth, the victim or any person involved in the proceedings (otherwise than in a professional capacity as a police officer or a person employed or engaged in the administration of this Act) who has not consented, in writing, to the publication of the report if the research has been approved by the Commissioner of Police or the Secretary; and
(i) a person undertaking research that involves the identification of the youth, the victim or any other person referred to in paragraph (h) if –
(i) all persons to be identified have consented, in writing, to their identity being provided to the researcher; and
(ii) the research has been approved by the Commissioner of Police or the Secretary; and
(j) a prescribed person or a person in prescribed circumstances or for a prescribed purpose.
(a) to a person seeking to bring an action, whether criminal or civil, if –
(i) the person to whom the information relates is an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and
(ii) the information is relevant to that action; or
(b) to a person responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced, against the State if the information is relevant to that action; or
(c) to a person undertaking an employment screening or review process, or disciplinary investigations or proceedings, in respect of the person to whom the information relates if the person to whom the information relates is –
(i) an employee or contractor, or prospective employee or contractor, of the person to whom the information is provided; or
(ii) a volunteer or assistant, or prospective volunteer or assistant, whether paid or unpaid, of an organisation of which the person, to whom the information is provided, is in a position of management or control.
(i) seeking to bring an action, whether criminal or civil; or
(ii) responding, on behalf of the State, to an action, whether criminal or civil and whether proposed or commenced; or
(iii) undertaking an employment screening or review process, or disciplinary investigations or proceedings; and
(b) in the case of information provided to a person referred to in paragraph (a)(i)or (ii) , the information –
(i) is relevant to the action; and
(ii) does not disclose the identity of, or lead to the identification of, a person other than an intended defendant to the action or an alleged perpetrator in respect of the matter to which the action relates; and
(c) in the case of information provided to a person referred to in paragraph (a)(iii) , the information –
(i) is relevant to the employment screening or review process, or disciplinary investigations or proceedings, being undertaken by the person to whom the information is provided; and
(ii) does not disclose the identity of, or lead to the identification of, a person other than the person being screened or reviewed or the subject of those disciplinary investigations or proceedings.