Sexual Offences (Evidence and Procedure) Act 1983

A person commits an offence if:

the person intentionally publishes or makes a statement or representation; and

the publication or making of the statement or representation results in the disclosure of any of the following particulars at any time:

the name, address, school or place of employment of a complainant;

any other particular likely to lead to the identification of a complainant; and

the person is reckless in relation to the result referred to in paragraph (b).

Maximum penalty: 50 penalty units or imprisonment for 6 months.

It is a defence to a prosecution for an offence against subsection (1) if:

no proceeding in relation to the sexual offence that was alleged to have been committed is pending in a court when the statement or representation is published or made; and

the affected complainant or, if there is more than one affected complainant, each affected complainant:

consented in writing to the publication or making of the statement or representation before it was published or made; and

was an adult with capacity to consent when consenting.

Subsection (1) does not apply to a statement or representation exempted under section 8.

In this section:

affected complainant means a complainant whose particular referred to in subsection (1)(b) is disclosed as a result of the publication or making of the statement or representation.

capacity, for a person to consent, means the person:

is capable of freely and voluntarily consenting; and

is not incapable of consenting because of mental impairment as defined in section 43A of the Criminal Code.