South Australian Numbered Acts

STATUTES AMENDMENT (COURTS) ACT 2004 (NO 23 OF 2004) - SECT 7

7—Insertion of section 14A

After section 14 insert:

14A—Restriction on publication of proceedings

        (1)         A person must not publish, by radio, television, newspaper or in any other way—

            (a)         a report of a proceeding, or part of a proceeding, under this Act that identifies or could tend to identify—

                  (i)         a party to the proceeding; or

                  (ii)         a witness in the proceeding; or

                  (iii)         a person who is related to, or associated with, a party to the proceedings or a witness in the proceeding, or is, or is alleged to be, in any other way concerned in the matter to which the proceeding relates; or

            (b)         a list of proceedings under this Act identified by reference to the names of the parties to the proceedings.

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         Subsection (1) does not apply in relation to—

            (a)         the communication, to persons concerned in proceedings in a court or tribunal established under a law of the Commonwealth or a State or Territory, of any pleading, transcript of evidence or other document for use in connection with those proceedings; or

            (b)         the communication of any pleading, transcript of evidence or other document to—

                  (i)         a body that is responsible for disciplining members of the legal profession; or

                  (ii)         a person concerned in disciplinary proceedings against a member of the legal profession before such a body; or

            (c)         the communication, to a body that grants legal aid, of any pleading, transcript of evidence or other document for the purpose of facilitating the making of a decision as to whether legal aid should be granted, continued or provided in a particular case; or

            (d)         the publishing of a report or notice in accordance with the direction of a court or tribunal established under a law of the Commonwealth or a State or Territory; or

            (e)         the publishing, under the authority of a court hearing proceedings under this Act, of a list of those proceedings identified by reference to the names of the parties to the proceedings; or

            (f)         the publishing of a report in a publication that—

                  (i)         is genuinely intended primarily for use by the members of a profession; and

                  (ii)         is a separate volume or part of a series of law reports or other publication of a technical nature; or

            (g)         the publishing of a report—

                  (i)         to a person who is a member of a profession, in connection with the practice by that person of that profession or in the course of any form of professional training in which that person is involved; or

                  (ii)         to an individual who is a party to any proceedings under this Act, in connection with the conduct of those proceedings; or

                  (iii)         to a person who is a student, in connection with the studies of that person.

        (3)         An offence against this section is an indictable offence.

        (4)         Proceedings for an offence against this section must not be commenced except by, or with the written consent of, the Director of Public Prosecutions.