Victorian Numbered Acts

OPEN COURTS AND OTHER ACTS AMENDMENT ACT 2019 (NO. 11 OF 2019) - SECT 14

After section 534A of the Children, Youth and Families Act 2005 insert —

        " 534B     Certain publications exempted if publication is in relation to sentencing of an adult

    (1)     For the avoidance of doubt, subject to subsection (2), section 534(1) does not apply to the publication of a report of a proceeding in the Criminal Division of the Court if—

        (a)     the publication is made by the County Court constituted by a judge or the Supreme Court constituted by a Judge of the Court for the purpose of sentencing an adult in the County Court or Supreme Court for an offence committed as an adult; and

        (b)     the adult, as a child, was found guilty or convicted in that proceeding in the Criminal Division of the Court.

    (2)     The County Court constituted by a judge or the Supreme Court constituted by a Judge of the Court may publish the information referred to in subsection (1) if—

        (a)     the offence for which the adult was found guilty or convicted as a child is the same or of sufficient similarity to the offence for which the adult is being sentenced; and

        (b)     the offence for which the adult is being sentenced is serious; and

        (c)     the Court considers that publication is appropriate given—

              (i)     the adult's prospect of rehabilitation; and

              (ii)     the number, seriousness, date, relevance and nature of any previous findings of guilt or convictions.

    (3)     Section 534(1) does not apply to the further publication by any person of information that has been published by the County Court constituted by a judge or the Supreme Court constituted by a Judge of the Court in accordance with this section.

    (4)     Nothing in this section affects the operation of section 584.".

Division 2—Judicial Proceedings
Reports Act 1958