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FAMILY VIOLENCE PROTECTION AMENDMENT ACT 2014 (NO. 77 OF 2014) - SECT 20

New Division 2 inserted in Part 8

After section 169 of the Family Violence Protection Act 2008 insert

" Division 2—Exception for publication by or with consent of adult victim

        169A     Interpretation

    (1)     In this Division—

"adult victim" means an adult who—

        (a)     is a protected person under a family violence safety notice or a family violence intervention order; and

        (b)     was a victim in relation to a relevant offence or an alleged relevant offence;

"permitted content" , in relation to a report relating to a family violence safety notice or family violence intervention order, means all or any of the following—

        (a)     the fact that the family violence safety notice or family violence intervention order applies to a person who has been charged with or convicted or found guilty of a relevant offence;

        (b)     the fact that an adult victim is identified in the report as—

              (i)     a protected person in relation to the family violence safety notice or family violence intervention order; and

              (ii)     a victim of a relevant offence or an alleged relevant offence;

        (c)     the types of restrictions imposed by the conditions of the family violence safety notice or family violence intervention order;

        (d)     the details of and conduct constituting a relevant offence or alleged relevant offence;

"post-notice or order offence", in relation to a family violence safety notice or family violence intervention order, means—

        (a)     a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A; or

        (b)     any other offence where the conduct constituting the offence would constitute a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A;

"pre-notice or order offence" , in relation to a family violence safety notice or family violence intervention order, means an offence where the conduct that constituted the offence—

        (a)     led to the making of the family violence safety notice or family violence intervention order; and

        (b)     would have constituted a contravention of the family violence safety notice or family violence intervention order under section 37, 37A, 123, 123A or 125A if the notice or order had been in place at the time of the offence;

"relevant offence" means—

        (a)     a pre-notice or order offence; or

        (b)     a post-notice or order offence.

    (2)     For the purposes of this Division a charge against a person for an offence is pending until the charge is finally dealt with in any of the following ways—

        (a)     the charge is withdrawn or the person dies without the charge having been determined;

        (b)     the charge is dismissed by a court;

        (c)     the person is discharged by a court following a committal hearing;

        (d)     the person is acquitted or found guilty of the offence by a court.

        169B     Exception to restriction on publication by or with consent of adult victim

    (1)     Section 166(2) does not apply to the publication in accordance with this section and in the prescribed circumstances of permitted content in a report relating to a family violence safety notice or family violence intervention order by—

        (a)     an adult victim who is or was protected by the notice or order; or

        (b)     a person who has the consent in writing or recorded form of an adult victim protected by the notice or order to the publication.
s. 20

    (2)     An adult victim cannot consent to the identification of any other person protected by the family violence safety notice or family violence intervention order or as being involved in a proceeding relating to the notice or order.

    (3)     An adult victim may withdraw the consent to the publication of a report at any time before publication of the report.

    (4)     A person is not permitted to publish a report on the basis of the consent of an adult victim after the consent is withdrawn unless the person did not have a reasonable opportunity to prevent publication after the consent was withdrawn.

    (5)     The prescribed circumstances in which a report can be published are as follows—

        (a)     a family violence safety notice or family violence intervention order is or was in place that—

              (i)     protects or protected the adult victim; and

              (ii)     applies or applied to a person who has been charged with or convicted or found guilty of a relevant offence; and

        (b)     in relation to the charge for a relevant offence, the charge was still pending at the time of publication; and

        (c)     in relation to a conviction or finding of guilt for a relevant offence, the conviction or finding had not been set aside or quashed at the time of publication.

        169C     Subsequent publication

Section 166(2) does not apply to the publication by a person of permitted content in a report relating to a family violence safety notice or family violence intervention order (the subsequent report ) if—

        (a)     the subsequent report is published after the publication in accordance with section 169B of a report relating to the family violence safety notice or family violence intervention order (the  original report ); and

        (b)     if the original report was not published by an adult victim, the person who publishes the subsequent report reasonably believes at the time of publication of the subsequent report that the original report was published with the consent of the adult victim.".



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