New South Wales Consolidated Acts

CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 - SECT 65

65 Publication of names or identification of persons involved in certain proceedings

(1) This section applies only to the following proceedings--

(a) proceedings in the Guardianship Division (or internal appeals against decisions made in such proceedings),

(b) proceedings for a decision for the purposes of the community welfare legislation within the meaning of the Community Services (Complaints, Reviews and Monitoring) Act 1993 (including an internal appeal against such a decision),

(c) such other proceedings (or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.

(2) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person--

(a) who appears as a witness before the Tribunal in any proceedings, or

(b) to whom any proceedings in the Tribunal relate, or

(c) who is mentioned or otherwise involved in any proceedings in the Tribunal,

whether before or after the proceedings are disposed of.

: Maximum penalty--

(a) in the case of a corporation--100 penalty units, or

(b) in any other case--50 penalty units or imprisonment for 12 months, or both.

(3) This section does not prohibit the publication or broadcasting of an official report, including a sound recording or transcript, of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.

(3A) A report, including a sound recording or transcript, of proceedings authorised by the Tribunal to be provided to a party to the proceedings for the party's use only is not an official report of the proceedings for subsection (3).

(4) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.