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s 79I

Ancillary orders for protection of person who made protected confidence

In force
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.3Sexual and family violence offence proceedings—protection of counselling communications

79I Ancillary orders for protection of person who made protected confidence

(1)

The court may make any order it considers appropriate to limit possible harm, or the extent of possible harm, to a person who made a protected confidence by the disclosure of protected confidence evidence.

(2)

Without limiting subsection (1), the court may––

(a)

order that the court be closed to the public while all or part of the protected confidence evidence is presented; or

(b)

for a document recording a protected confidence––order that a document be edited as directed by the court or that a copy of a document (or part of a document) be disclosed instead of the original; or

(c)

make orders in relation to the suppression or publication of all or any part of the protected confidence evidence; or

(d)

for a document recording a protected confidence––make orders about the production or inspection of the document; or

(e)

make orders in relation to the disclosure of—

(i)

protected identity information about the person who made the protected confidence; or

(ii)

information that discloses the identity of the person who made the protected confidence; or

(iii)

information from which the identity of the person who made the protected confidence might reasonably be inferred.

(3)

This section is in addition to section 74 (Prohibition of publication of complainant’s identity).

(4)

In this section:

protected identity information means information about, or allowing someone to find out, the private, business or official address, email address or telephone number of a person.

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