Western Australian Current Acts Western Australian Current Acts (1) In this section
—
information about a proceeding means —
(a) an
account of a proceeding; or
(b) any
evidence in a proceeding; or
(c) the
contents of a document, or of a part of a document, produced in a proceeding;
or
(d) any
other information about a proceeding;
publish means to disseminate to the public or a
section of the public by any means, including —
(a) in a
newspaper or periodical publication; or
(b) by
radio broadcast, television or other electronic means.
(2) A person must not
publish information about a proceeding that identifies —
(a) a
party; or
(b) a
person who is related to or associated with a party; or
(c) a
witness; or
(d) a
person who is or is alleged to be concerned in any other way in a matter to
which the proceeding relates.
(3) A person must not
publish a list of proceedings identified by reference to the names of the
parties except —
(a) by
displaying in the State Administrative Tribunal’s premises a notice
listing the proceedings; or
(b) as
permitted by rules made under the State Administrative Tribunal Act 2004
section 170(1).
(4) A person who
contravenes subsection (2) or (3) commits a crime.
Penalty:
(a) for
an individual, a fine of $5 000 and imprisonment for 12 months;
(b) for
a body corporate, a fine of $10 000.
Summary conviction penalty:
(a) for
an individual, a fine of $2 500;
(b) for
a body corporate, a fine of $5 000.
(5) A prosecution for
an offence under subsection (4) cannot be commenced except with the written
consent of the Minister.
(6) Without limiting
subsection (2), information about a proceeding identifies a person if —
(a) it
contains particulars that are sufficient to identify the person to a member of
the public or a member of the section of the public to which the information
is disseminated, being any of these particulars —
(i)
the name, title, pseudonym or alias of the person;
(ii)
the address of any premises where the person resides or
works or the locality where those premises are situated;
(iii)
the physical description or the style of dress of the
person;
(iv)
any employment or occupation engaged in, or any
profession practised or calling pursued by, the person or any official or
honorary position held by the person;
(v)
the relationship of the person to identified relatives of
the person or the association of the person with identified friends or
identified business, official or professional acquaintances of the person;
(vi)
the recreational interests, or the political,
philosophical or religious beliefs or interests, of the person;
(vii)
any real or personal property in which the person has an
interest or with which the person is otherwise associated;
or
(b) it
is accompanied by a picture of the person; or
(c) it
is spoken in whole or in part by the person and the person’s voice is
sufficient to identify the person to a member of the public or a member of the
section of the public to which the account is disseminated.
(7) Subsections (2)
and (3) do not apply in relation to any of these publications —
(a) the
communication of a transcript of evidence or other document to a person
concerned in a proceeding in a court or tribunal for use in connection with
the proceeding;
(b) the
communication of a transcript of evidence or other document to —
(i)
a body that is responsible for disciplining members of a
profession or occupation; or
(ii)
a person concerned in a proceeding before such a body;
(c) the
communication of a transcript of evidence or other document to a body that
grants assistance by way of legal aid for the purpose of making a decision as
to whether such assistance should be granted or continued in a particular
case;
(d) the
publication of a notice or report at the direction of the State Administrative
Tribunal or a court;
(e) a
publication genuinely intended primarily for the use of members of a
profession or occupation, being —
(i)
a separate volume of, or a volume in a part of a series
of, law reports; or
(ii)
a decision of a court or tribunal published from
information stored electronically or otherwise; or
(iii)
any other publication of a technical character;
(f) the
publication or other dissemination —
(i)
to a person who is a member of a profession or occupation
in connection with the practice by the person of that profession or occupation
or in the course of any form of professional or occupational training in which
the person is involved; or
(ii)
to a person who is a student in connection with the
person’s studies.
(8) Subsection (7)(e)
does not authorise the publication of the name of a party to a proceeding in a
law report or other publication referred to in that provision.
(9) Without limiting
subsection (2) or (3), the State Administrative Tribunal may make an order in
relation to a particular proceeding that information about the proceeding that
is specified in the order —
(a) must
not be published; or
(b) must
not be published except in the manner specified, or to a person specified, in
the order.
(10) A person who
contravenes an order made under subsection (9) commits an offence.
Penalty for an offence under this subsection: a
fine of $5 000.