Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 4(1)
Insert:
"communicate " : see subsection 114P(1).
2 Subsection 4(1) (definition of proceedings )
Repeal the definition, substitute:
"proceedings " :
(a) in Part XIVB--see subsection 114P(1); and
(b) otherwise--means a proceeding in a court, whether between parties or not, and includes cross-proceedings or an incidental proceeding in the course of or in connection with a proceeding.
3 Subsection 4(1)
Insert:
"public " : see subsection 114P(2).
4 Section 102PC (heading)
Omit " section 121 ", substitute " Part XIVB ".
5 Section 102PC
Omit "section 121", substitute "Part XIVB".
6 After Part XIVA
Insert:
Part XIVB -- Restriction on communication of accounts and lists of proceedings
114N Simplified outline of this Part
It is an offence to communicate an account of proceedings under this Act to the public, if the account identifies certain people involved in the proceedings.
It is an offence to communicate a list of proceedings that are to be dealt with under this Act to the public, and that are identified by reference to the names of the parties to those proceedings.
A communication is not made to the public if the communication is made to a person with a significant and legitimate interest in the subject matter of the communication that is greater than the interest of members of the public generally.
114P Meaning of terms used in this Part
(1) In this Part:
"communicate " means communicate by any means, including by any of the following:
(a) publication in a book, newspaper, magazine or other written publication;
(b) broadcast by radio or television;
(c) public exhibition;
(d) broadcast or publication or other communication by means of the internet.
Example: For the purposes of paragraph (d), online communications and communications using a social media service.
"proceedings " includes a part of proceedings.
(2) In this Part (other than paragraph 114S(1)(b)):
"public " includes a section of the public.
(1) A person commits an indictable offence if:
(a) the person communicates to the public an account of proceedings under this Act; and
(b) the account identifies:
(i) a party to the proceedings; or
(ii) a witness in the proceedings; or
(iii) a person who is related to, or is associated with, a party to the proceedings; or
(iv) a person who is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate.
Penalty: Imprisonment for 1 year.
(2) Subsection (1) does not apply if the communication is:
(a) in accordance with a direction of a court; or
(b) otherwise approved by a court.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
(3) For the purposes of paragraph (1)(b), an account of proceedings is taken to identify a person if the account includes material that is sufficient to identify the person to a member of the public. Examples of such material might include the following:
(a) a picture, recording, or physical description of the person;
(b) a name or title that identifies the person;
(c) an address or location where the person resides or works;
(d) details of the person's employment, paid or voluntary;
(e) the relationship or other connection between the person and an identified person or business;
(f) the person's political, philosophical or religious beliefs;
(g) any real or personal property associated with the person.
Note: Paragraphs (a) to (g) are examples of material that might be sufficient to identify a person to a member of the public. The examples are not exhaustive (see section 15AD of the Acts Interpretation Act 1901 ) and might not be sufficient to identify a person in every circumstance.
(1) A person commits an indictable offence if the person communicates to the public a list of proceedings, identified by reference to the names of the parties to the proceedings, that are to be dealt with by any of the following under this Act:
(a) a court;
(b) an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;
(c) a tribunal established by or under a law of the Commonwealth or of a State or Territory.
Penalty: Imprisonment for 1 year.
(2) Subsection (1) does not apply if:
(a) the communication is the publication, by the court, officer or tribunal, of a list of proceedings the court, officer or tribunal is to deal with; or
(b) the communication is:
(i) in accordance with a direction of a court or otherwise approved by a court; or
(ii) in accordance with the applicable Rules of Court.
Example: For the purposes of paragraph (a), a list of proceedings a court is to deal with that is published by the court at the court's premises.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
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.
114T Consent of Director of Prosecutions required to commence proceedings
Proceedings for an offence against subsection 114Q(1) or 114R(1) must not be commenced without the written consent of the Director of Public Prosecutions.
7 Section 121
Repeal the section.
8 Saving of regulations
Regulations that were in force for the purposes of paragraph 121(9)(aa) of the Family Law Act 1975 immediately before the commencement of this item continue in force after that commencement as if they were regulations in force for the purposes of paragraph 114S(2)(c) of that Act.
9 Application provision
Part XIVB of the Family Law Act 1975 , as inserted by this Schedule, applies in relation to acts or omissions occurring on or after the day this item commences.
Federal Circuit and Family Court of Australia Act 2021
10 At the end of subsection 98(2)
Add:
; (t) the power to give directions, or approve communications, for the purposes of subsection 114Q(2) or subparagraph 114R(2)(b)(i) of the Family Law Act 1975 .