Victorian Current Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 534A

Certain publications exempted from the restriction on publication of proceedings

    (1)     Subject to subsection (2), section 534(1) does not apply to the publication of—

        (a)     a report of a proceeding in the Criminal Division of the Court, or of a proceeding in any other court arising out of a proceeding in that Division, that contains particulars likely to lead to the identification of a witness in the proceeding, if the witness—

              (i)     is a victim or alleged victim; and

              (ii)     is of or above the age of 18 years at the time of publication; or

        (b)     a picture as being or including a picture of a witness referred to in paragraph (a).

    (2)     Subsection (1) does not apply if the publication would be likely to lead to the identification of—

        (a)     the particular venue of the Children's Court, other than the Koori Court (Criminal Division) or the Neighbourhood Justice Division, in which the proceeding was heard; or

        (b)     a child or other party to the proceeding; or

        (c)     a witness in the proceeding, other than a witness referred to in subsection (1)(a).

    (3)     For the purposes of this section, "alleged" "victim" means a person who would be a victim in relation to an offence if the offence were proven.

S. 534(B) inserted by No. 11/2019 s. 14.



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