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JUDICIAL PROCEEDINGS REPORTS ACT 1958 - SECT 4

Prohibition of reporting of names

S. 4(1) amended by Nos 7596 s. 2(a)(b), 57/1989 s. 3 (Sch. item 106.2(a)(i)(ii)), substituted by No. 8/1991 s. 18(a).

    (1)     In this section—

S. 4(1) def. of adult inserted by No. 35/2020 s. 3(1)(a).

"adult" means a person aged 18 years or older;

S. 4(1) def. of child inserted by No. 35/2020 s. 3(1)(a).

"child" means a person under the age of 18 years;

S. 4(1) def. of court inserted by No. 35/2020 s. 3(1)(a).

"court" means the Supreme Court, the County Court or the Magistrates' Court;

S. 4(1) def. of decision-making capacity inserted by No. 35/2020 s. 3(1)(a).

"decision-making capacity" has the same meaning as it has in the Guardianship and Administration Act 2019 as if a reference in that section of that Act to "this Act" were a reference to this section of this Act;

S. 4(1) def. of Judicial College of Victoria inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1).

    *     *     *     *     *

S. 4(1) def. of permission inserted by No. 35/2020 s. 3(1)(a).

"permission" means written permission or, if a person is incapable of giving written permission, permission recorded by any other means;

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 90(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 4(1) def. of publish inserted by No. 8/1991 s. 18(a), substituted by No. 79/2014 s. 49(1), amended by No. 35/2020 s. 3(1)(b).

"publish" means disseminate or provide access to the public or a section of the public by any means, including by—

        (a)     publication in a book, newspaper, magazine or other written publication; or

        (b)     broadcast by radio or television; or

        (c)     public exhibition; or

        (d)     broadcast or electronic communication (including but not limited to social media)—

other than for a purpose connected with a judicial proceeding;

S. 4(1) def. of relevant person inserted by No. 35/2020 s. 3(1)(a).

"relevant person", in relation to a supporting statement, means—

        (a)     a registered medical practitioner; or

        (b)     a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or

        (c)     a person who is a member of a prescribed class of persons;

S. 4(1) def. of Sentencing Advisory Council inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1).

    *     *     *     *     *

S. 4(1) def. of sexual offence inserted by No. 8/1991 s. 18(a), amended by Nos 47/2016 s. 40, 5/2018 s. 18, substituted by No. 35/2020 s. 3(1)(c).

"sexual offence" has the same meaning as it has in section 4 of the Criminal Procedure Act 2009 .

S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by Nos 33/1994
s. 17(3), 35/2020 s. 3(2).

    (1A)     A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence [1] is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence or offence has commenced, is being conducted or has been finally determined.

S. 4(1B) inserted by No. 8/1991 s. 18(a), amended by No. 37/2014 s. 10(Sch. item 90(b)), substituted by No. 35/2020 s. 3(3).

    (1B)     Subsection (1A) does not apply if no complaint about the alleged offence had been made to a police officer.

S. 4(1BA) inserted by No. 35/2020 s. 3(3).

    (1BA)     Subsection (1A) does not apply to a victim of an alleged offence or an offence who publishes any matter that contains any particulars likely to identify that victim.

Note

If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.

S. 4(1BB) inserted by No. 35/2020 s. 3(3).

    (1BB)     It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that—

        (a)     the publication was about a victim who had given the accused permission to publish the particulars and was an adult at the time the permission was given; and

        (b)     the publication was in accordance with the limits, if any, set by the victim; and

Example

Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name.

        (c)     the victim had decision-making capacity to give permission to publish the particulars.

Note

If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.

S. 4(1BC) inserted by No. 35/2020 s. 3(3).

    (1BC)     It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that—

        (a)     the publication was about a victim who had given the accused permission to publish the particulars and was a child at the time the permission was given; and

        (b)     the publication was in accordance with the limits, if any, set by the victim; and

Example

Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name.

        (c)     the permission was accompanied by a supporting statement that complies with subsection (1BD) made by a relevant person regarding the victim's permission to publish the particulars.

Note

If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.

S. 4(1BD) inserted by No. 35/2020 s. 3(3).

    (1BD)     For the purposes of subsection (1BC), a supporting statement must—

        (a)     state that the relevant person is of the opinion that the child understands—

              (i)     what it means to be identified as a victim of a sexual offence; and

              (ii)     the consequences of losing anonymity; and

        (b)     include the name, qualification and business address of the relevant person.

S. 4(1BE) inserted by No. 35/2020 s. 3(3).

S. 4(1BF) inserted by No. 35/2020 s. 3(3).

    (1BE)     It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that the publication was permitted by a court order under subsection (1BF).

    (1BF)     Subject to subsection (1BG), a court may make an order permitting the publication of any matter that contains any particulars likely to lead to the identification of a victim if satisfied—

        (a)     in the case of a living victim—

              (i)     that it has taken into account the views of any victims likely to be identified, if those views are known following reasonable enquiries; and

              (ii)     that it is in the public interest to make the order; and

        (b)     in the case of a deceased victim—

              (i)     that it has taken into account the views of the deceased victim, if those views are known following reasonable enquiries; and

              (ii)     that the views of any family members of the deceased victim are taken into account, if those views are known following reasonable enquiries, unless the family member is also the alleged offender or convicted offender; and

              (iii)     that it is in the public interest to make the order.

S. 4(1BG) inserted by No. 35/2020 s. 3(3).

    (1BG)     The court

        (a)     in making an order under subsection (1BF), must not take into account the views of the alleged offender or convicted offender; and

        (b)     must not make an order under subsection (1BF) if it would be likely to lead to the identification of a victim who does not give permission for that publication and who is—

              (i)     a living adult victim with decision-making capacity at the time the proceeding under subsection (1BF) is being determined; or

              (ii)     a victim who was a child at the time the proceeding under subsection (1BF) is being determined and who has a supporting statement made in accordance with subsection (1BD).

S. 4(1BH) inserted by No. 35/2020 s. 3(3).

    (1BH)     A court may make an order under subsection (1BF)—

        (a)     on application by a person with sufficient interest, unless the person is the alleged offender or convicted offender; or

        (b)     on its own motion.

S. 4(1BI) inserted by No. 35/2020 s. 3(3).

    (1BI)     Nothing in this section affects any other law prohibiting or restricting publication of identifying material.

S. 4(1C) inserted by No. 8/1991 s. 18(a), repealed by No. 35/2020 s. 3(4).

    *     *     *     *     *

S. 4(1CA) (1CB) inserted by No. 11/2019 s. 15, repealed by No. 35/2020 s. 3(4).

    *     *     *     *     *

S. 4(1D) inserted by No. 79/2014 s. 49(3), substituted by No. 54/2017 s. 8(2).

    (1D)     This section does not prevent a disclosure of information to a prescribed person or body for the purpose of enabling the person or body to perform a prescribed statutory function.

S. 4(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 104), 8/1991 s. 18(b).

    (2)     Any person who is guilty of an offence under subsection (1A) is liable, if a corporation, to a penalty of not more than 50 penalty units and, if a person other than a corporation, to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment.

    (3)     Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent.

S. 4(4) amended by No. 9848 s. 18(1)( Sch.).

    (4)     No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.

S. 4(5) amended by No. 57/1989 s. 3(Sch. item 106.2(b)
(i)(ii)), repealed by No. 8/1991 s. 18(c).

    *     *     *     *     *

S. 4A inserted by No. 35/2020 s. 4.



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