Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15yr:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15YR (pt 2/3)
Character Range: 785031–787721

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.
 (3) The court may give leave to a person to publish the matter.
 (4) In deciding whether to give leave, the court is to have regard to:
 (a) any trauma to the vulnerable person that the publication could cause; and
 (b) any damage to the reputation of the vulnerable person that the publication could cause; and
 (c) whether the publication is:
 (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or
 (ii) for genuine research purposes; and
 (d) any trauma to, or damage to the reputation of, another vulnerable person (other than the defendant) in relation to the proceeding; and
 (e) any other matter that the court thinks is relevant.
 (5) For the purpose of giving leave after the proceeding has been completed, the court need not be constituted by the same judicial officers who constituted the court in the proceeding.
 (6) An application for leave under this section must be in writing.
 (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:
 (a) the prosecutor in the proceeding;
 (b) each defendant in the proceeding;
 (c) each vulnerable person in relation to the proceeding.
 (8) If a party referred to in paragraph (7)(c) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the party.
 (9) A notice under subsection (7) must:
 (a) be given no later than 3 business days before the day the application is to be heard; and
 (b) be accompanied by a copy of the application.
 (10) An application for leave under this section must not be determined unless the court:
 (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and
 (b) has considered such submissions and other evidence as it thinks necessary for determining