Document ID: chunk:federal_register_of_legislation:C2024C00859:clause:1_114s
Version: federal_register_of_legislation:C2024C00859
Segment Type: clause
Provision Reference: sch 1 cl 114S
Character Range: 1006016–1008734

114S  When a communication is not a communication to the public
 (1) For the purposes of paragraph 114Q(1)(a) and subsection 114R(1), a communication to a person or body is not a communication to the public if:
 (a) the person or body has a significant and legitimate interest in the subject matter of the communication; and
 (b) that interest is substantially greater than, or different from, the interests of members of the public generally.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2) Without limiting subsection (1), none of the following is a communication to the public:
 (a) a private communication between a party to proceedings and one or more persons who are members of the party's family or friends of the party;
 (b) a communication of a pleading, transcript of evidence, or other document for use in connection with any of the following proceedings, to a person concerned in those proceedings:
 (i) proceedings in a court;
 (ii) proceedings before an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;
 (iii) proceedings in a tribunal established by or under a law of the Commonwealth or of a State or Territory;
 (c) a communication of a pleading, transcript of evidence, or other document, to a prescribed authority of a State or Territory that has responsibilities relating to the welfare of children;
 (d) a communication of a pleading, transcript of evidence, or other document, to:
 (i) a body that is responsible for disciplining members of a profession in a State or Territory; or
 (ii) a person concerned in disciplinary proceedings against a member of a profession in a State or Territory (being proceedings before a body that is responsible for disciplining members of that profession in that State or Territory);
 (e) a communication of a pleading, transcript of evidence, or other document, to a body that grants assistance by way of legal aid for the purpose of facilitating a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case;
 (f) a communication of material intended primarily for use by the members of any profession (being part of a series of law reports or any other publication of a technical character);
 (g) a communication of an account of proceedings to a member of a profession in connection with:
 (i) the person's practice of that profession; or
 (ii) any form of professional training in which that person is involved;
 (h) a communication of an account of proceedings to a student in connection with the student's studies.