Western Australian Current Acts Western Australian Current Acts (1) In this section
—
old order means an order under the repealed
Child Welfare Act 1947 committing a child to the care of the Department or
placing a child under the control of the Department;
publish means to bring to the notice of the public
or a section of the public by means of newspaper, television, radio, the
Internet or any other form of communication.
(2) A person must not,
except in accordance with a written authorisation given under this section,
publish information or material that identifies, or is likely to lead to the
identification of, another person (the identified person ) as —
(a) a
person who is or was a child the subject of an investigation referred to in
section 32(1)(d); or
(b) a
person who is or was a child the subject of a protection application or an
application for an old order; or
(c) a
person who is or was a child the subject of a protection order or an old
order; or
(d) a
person who is or was a responsible person under a responsible parenting
agreement; or
(e) a
person who is or was a child the subject of a responsible parenting agreement.
Penalty for this subsection: a fine of $12 000 and
imprisonment for one year.
(3) If the identified
person is under 18 years of age, written authorisation for the publication of
information or material to which subsection (2) applies may be given by
—
(a) in
the case of an identified person referred to in subsection (2)(a), (b) or (c)
— the CEO; or
(b) in
the case of an identified person referred to in subsection (2)(d) or (e)
— each authorised CEO (as defined in section 131A) who entered into the
responsible parenting agreement.
(4) If the identified
person has reached 18 years of age, written authorisation for the publication
of information or material to which subsection (2) applies may be given
—
(a) by
the identified person; or
(b) if
the identified person is dead or cannot be found after reasonable inquiries,
by —
(i)
in the case of an identified person referred to in
subsection (2)(a), (b) or (c) — the CEO; or
(ii)
in the case of an identified person referred to in
subsection (2)(d) or (e) — each authorised CEO (as defined in
section 131A) who entered into the responsible parenting agreement.
(5) Subsection (2)
does not apply to information or material contained in a report of proceedings
to which the Children’s Court of Western Australia Act 1988 section
35(1) applies.
[Section 237 amended: No. 49 of 2010 s. 85; No. 23
of 2015 s. 8; No. 18 of 2021 s. 76.]