Document ID: chunk:federal_register_of_legislation:C2024A00114:clause:1_55
Version: federal_register_of_legislation:C2024A00114
Segment Type: clause
Provision Reference: sch 1 cl 55
Character Range: 23934–26330

55  Subsection 15YR(2)
Repeal the subsection, substitute:
 (2) Subsection (1) does not apply if:
 (a) the publication is in an official publication in the course of, and for the purpose of, the proceeding; or
 (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a proceeding within the meaning of this Part); or
 (c) the vulnerable person is deceased; or
 (d) for a vulnerable person who is an adult:
 (i) the vulnerable person has given informed consent to the publication in accordance with subsection (2A); and
 (ii) the publication is in accordance with the limits, if any, set by the vulnerable person; and
 (iii) at the time the consent was given—the vulnerable person had the decision‑making capacity to give such consent; or
 (e) for a vulnerable person who is a child:
 (i) the vulnerable person has given informed consent for the publication; and
 (ii) the publication is in accordance with the limits, if any, set by the vulnerable person; and
 (iii) the consent was accompanied by a supporting statement in accordance with subsection (2B).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
 (2A) A vulnerable person gives informed consent to a publication in accordance with this subsection if, at the time the person gives the consent, the person:
 (a) understands the options available to the person (including that the person is not required to give the consent); and
 (b) understands the consequences of giving the consent.
 (2B) A supporting statement must:
 (a) be in writing; and
 (b) be made by a person (the practitioner) who is:
 (i) a medical practitioner; or
 (ii) a person registered or licensed as a psychologist under a law of a State or Territory that provides for the registration or licensing of psychologists; or
 (iii) a person prescribed by the regulations; and
 (c) include the following details:
 (i) the name, qualification and business address of the practitioner;
 (ii) the nature and duration of the professional relationship between the practitioner and the vulnerable person; and
 (d) state that the practitioner is of the opinion that the vulnerable person understands:
 (i) what it means to be identified as a vulnerable person of that kind; and
 (ii) the consequences of losing anonymity.