Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15yr:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15YR (pt 1/3)
Character Range: 782535–785267

15YR  Publication identifying another person as a child witness, child complainant, vulnerable adult complainant or special witness
 (1) A person commits an offence if:
 (a) the person publishes any matter; and
 (b) the person does not have the leave of the court to publish the matter; and
 (c) the matter identifies, or is likely to lead to the identification of, another person (the vulnerable person) as:
 (i) a child witness or child complainant in a child proceeding; or
 (ii) a vulnerable adult complainant in a vulnerable adult proceeding; or
 (iii) in the case of a special witness in a special witness proceeding for whom an order under subsection 15YAB(3) is in force for this subparagraph—a special witness in a special witness proceeding; and
 (d) the vulnerable person is not a defendant in the proceeding.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
 (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;