Criminal Code 2002

A person commits an offence if the person publishes information that identifies someone else as a person who is or was a child or young person the subject of a childrens proceeding.

Maximum penalty: 300 penalty units, imprisonment for 3 years or both.

Information that identifies someone includes information that—

discloses the name, address or suburb of the person, or of a family member of the person; or

would allow the identity of the person as a child or young person the subject of a childrens proceeding to be worked out.

Example—par (b) the child’s or young person’s relationship to another person

This section does not apply if—

the person the subject of the proceeding is an adult and consents to the publication of the information; or

the person the subject of the proceeding has died and—

the person’s legal personal representative consents to the publication of the information; or

the information is published more than 100 years after the person’s death.

To remove any doubt, this section applies to everyone, including, for a proceeding under the Children and Young People Act 2008, people required or entitled to attend the proceeding.

In this section:

child—see the Children and Young People Act 2008, section 11.

child concern report—see the Children and Young People Act 2008, section 353 as in force immediately before the commencement of the Children and Young People Amendment Act 2023, section 29.

childrens proceeding—a child or young person is or was the subject of a childrens proceeding if—

the child or young person is or was the subject of a proceeding under the Children and Young People Act 2008; or

any of the following orders is or was in force under that Act for the child or young person:

a care and protection order;

an interim care and protection order;

an appraisal order;

an intensive therapy order; or

an interim intensive therapy order; or

the child or young person—

was the subject of a child concern report under that Act; or

is or was the subject of a voluntary report or a mandatory report under that Act; or

the child or young person is or was the subject of a proceeding for a protection order under that Act, division 14.3.5 (Protection orders); or

Note A protection order under the Children and Young People Act 2008, div 14.3.5 means a protection order under the Family Violence Act 2016 or Personal Violence Act 2016.

the child or young person is or was the subject of—

a proceeding under the Children and Young People Act 1999; or

an order or report under that Act that corresponds to an order or report mentioned in paragraph (b) or (c); or

a director‑general has or had parental responsibility for the child or young person under the Children and Young People Act 2008 or the Children and Young People Act 1999; or

the child or young person is or was the subject of a criminal proceeding; or

the child or young person is or was the subject of a proceeding under the Bail Act 1992; or

the child or young person is or was the subject of a proceeding under the Family Violence Act 2016 or Personal Violence Act 2016; or

either of the following orders is or was in force under the Mental Health Act 2015 for the child or young person:

a forensic mental health order;

a forensic community care order.

mandatory report—see the Children and Young People Act 2008, section 356 (1) (e).

proceeding includes a proceeding started, or that existed, before the commencement of this section.

publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.

voluntary report—see the Children and Young People Act 2008, section 354 (2).

young person—see the Children and Young People Act 2008, section 12.

Division 7.2.4 Perverting the course of justice and related offences