Victorian Current Acts Victorian Current Acts(1) On an application under section 4I(1), the court must take reasonable steps to ensure that any relevant news media organisation is notified of the application for extension of the duration of the victim privacy order.
(2) The notification may be by—
(a) electronic communication; or
(b) any other means that the court considers appropriate.
(3) A person specified in subsection (1) is entitled to appear and be heard by the court on the application for the extension of the duration of the victim privacy order.
(4) In addition to subsection (3), the following are entitled to appear and be heard by the court on the application for the extension of the duration of the victim privacy order—
(a) any person in addition to the applicant who has a sufficient interest in whether the order should be extended;
(b) a party to any current proceeding before a court relating to the offence or alleged offence to which the order relates, other than the offender or alleged offender.
(5) On an application under subsection (1), the court may extend the duration of a victim privacy order if satisfied that it is necessary to avoid causing undue distress to that person.
(6) In determining whether to extend the duration of the victim privacy order, the court—
(a) must have regard to public interests in accordance with subsection (7); and
(b) may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and
(c) must take into account any views of the deceased affected person about being publicly identified as a victim of a sexual offence or an alleged sexual offence after their death which were expressed during that person's lifetime, if known, following reasonable enquiries; and
(d) must take into account any risk that—
(i) the application to extend, proceeding on the application to extend or the extended victim privacy order may be used to perpetrate family violence; or
(ii) the application to extend or proceeding on the application to extend is vexatious; and
(e) must not take into account the views of the offender or alleged offender.
(7) A court is only to extend the duration of a victim privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information.
(8) A person may apply for an extension of the duration of a victim privacy order more than once and a court may extend the duration of a victim privacy order more than once.
(9) The period of any extension of a victim privacy order must not exceed 5 years in relation to each extension.
S. 4K inserted by No. 35/2021 s. 8.