Queensland Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
CHILD PROTECTION ACT 1999 - SECT 193
Restrictions on reporting certain court proceedings
193 Restrictions on reporting certain court proceedings
(1) If a child is, or is reasonably likely to be, a witness in a proceeding
before a court or justice for an offence of a sexual nature or an
offence of a violent nature, a person must not, in a report of the proceeding
or a related proceeding, knowingly disclose identifying information about the
child unless a court or justice orders that the person may disclose the
information.
(2) If a child is, or is reasonably likely to be, a witness in a
proceeding before a court or justice for an offence other than an
offence of a sexual nature or an offence of a violent nature, the court or
justice may order that a report of the proceeding or a related proceeding must
not disclose identifying information about the child other than information
stated in the order.
(3) A report of a proceeding for an
offence of a sexual nature to which subsection (1) relates, or a
related proceeding, must not disclose the name of an authorised officer or
police officer involved in the proceeding unless the court or justice orders
the officer’s name to be included in the report.
(3A) A court or justice
may order that a report of any of the following proceedings must not disclose
the name of an authorised officer or police officer involved in the
proceeding— (a) a proceeding for an offence of a violent nature to which
subsection (1) relates;
(b) a proceeding to which subsection (2) relates;
(c) a related proceeding for a proceeding mentioned in paragraph (a) or (b) .
(3B) For subsection (1) , a person knowingly discloses identifying information
about the child in a report of the proceeding if, when the person discloses
the identifying information about the child, the person knows, or ought
reasonably to know, that the child is, or is likely to be, a witness in the
proceeding.
(4) A person who makes or publishes a report of a proceeding in
contravention of subsection (1) , (2) or (3) commits an offence, unless the
person has a reasonable excuse. Penalty— Maximum penalty— (a) for an
individual—100 penalty units or 2 years imprisonment; or
(b) for a
corporation—1,000 penalty units.
(5) However, subsections (1) , (2) and
(3) do not apply to— (a) a record of evidence of the proceeding made under
the Recording of Evidence Act 1962 ; or
(b) a report made for the department
or Queensland Police Service; or
(c) a report mentioned in the
Criminal Law (Sexual Offences) Act 1978 , section 8 (1) .
(5A) A court or
justice may make an order under subsection (1) , (3) or (3A) — (a) on its
own initiative; or
(b) on application of a person.
(6) In this section—
"film" includes a slide, videotape, videodisc or other form of recording from
which a visual image can be produced.
"identifying information" , about a child— (a) means information that
identifies, or is likely to lead to the identification of, him or her as a
witness in a proceeding for an offence or a person in relation to whom an
offence was committed or is alleged to have been committed; and
(b)
includes— (i) the child’s name, age, address, school or place of
employment; and
(ii) a photograph or film of the child or of someone else
that is likely to lead to the child’s identification.
"offence of a sexual nature" means an offence defined in the Criminal Code ,
chapter 22 , 22A or 32 .
"offence of a violent nature" means an offence against any of the following
provisions of the Criminal Code — (a) a provision of chapter 28 or 28A ;
(b) a provision of chapter 29 , other than section 317A , 318 , 319 , 321 ,
321A , 327 , 329 , 330 , 333 or 334 ;
(c) section 335 , 339 , 340 , 354 ,
354A or 355 ;
(d) a provision of chapter 33A ;
(e) section 363 , 363A or 364
.
"related proceeding" , for a proceeding on a charge of an offence, includes
the following proceedings related to the charge of the offence, whether or not
the child is, or is likely to be, a witness in the related proceeding— (a) a
bail proceeding;
(b) a committal proceeding.
"report" , of a proceeding, includes a report of part of the proceeding.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback