Victorian Current Acts Victorian Current ActsBefore authorising the giving of an agency photograph under section 238, the Chief Commissioner must have regard to the following matters, to the extent that the matters can be ascertained at the time the Chief Commissioner makes the decision to give the authorisation—
(a) the public interest, including but not limited to the following—
(i) the nature and seriousness of the offence referred to in section 238(1);
(ii) the age of the person photographed;
(iii) the sentence given to the person photographed;
(iv) any suppression orders involving the person photographed or involving any other person who might be affected by the giving of the photograph to the media organisation;
(v) any effect that might result from the giving of the photograph on any other court proceedings;
(vi) any deterrent effect that might result from the giving of the photograph;
(vii) any other possible legal constraint on the giving of the photograph, including, but not limited to any constraint under the Sex Offenders Registration Act 2004 , the Victims' Charter Act 2006 , the Children, Youth and Families Act 2005 and the Judicial Proceedings Reports Act 1958 ;
(viii) any information known to the Chief Commissioner, as to the person photographed being suspected, on reasonable grounds, of having committed other offences that are similar to the offence referred to in section 238(1);
(ix) any other relevant matter; and
(b) the interests of the victim and of any witness to the offence referred to in section 238(1), including but not limited to the following—
(i) whether or not any victim of or witness to the offence referred to in section 238(1) could be identified by the giving of the photograph;
(ii) the likely impact on any such victim or witness of the giving of the photograph; and
(c) the interests of the person photographed, including but not limited to the following—
(i) any special circumstances of the person photographed, including, physical or mental health issues;
(ii) any risk to the person photographed or his or her family that might occur as a result of the giving of the photograph.