1Short title and commencement
This Act may be cited as the Judicial Proceedings Reports Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
This Act may be cited as the Judicial Proceedings Reports Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.
Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed.
Pt 2 (Heading) inserted by No. 35/2021 s. 7(2).
Part 2—Restrictions and prohibitions on certain publications
Nos 3814 s. 2, 3822 s. 5, 4625 s. 28(5).
It shall not be lawful to print or publish or cause or procure to be printed or published—
in relation to any judicial proceedings any indecent matter or indecent medical surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; or
in relation to any judicial proceedings for dissolution of marriage, for nullity of marriage, for judicial separation, or for restitution of conjugal rights, any particulars other than the following, that is to say—
the names addresses and occupations of the parties and witnesses;
a concise statement of the charges defences and counter-charges in support of which evidence has been given;
submissions on any point of law arising in the course of the proceedings and the decision of the court or judge thereon;
the summing-up of the judge and the finding of the jury (if any) and the judgment of the court and observations made by the judge in giving judgment:
Provided that nothing in paragraph (b) of this subsection shall be held to permit the publication of anything contrary to the provisions of paragraph (a) of this subsection; or
S. 3(1)(c) substituted by No. 60/1993 s. 23(1), amended by No. 68/2009 s. 97(Sch. item 72.1).
except as provided in this section in relation to a hearing under Part 5.5 or 5.6 of Chapter 5 of the Criminal Procedure Act 2009, any matters other than—
the identity of the court and name of the judge constituting it;
the names, ages, home addresses and occupations of the accused and witnesses;
any relevant business information;
the offence or offences, or a summary of it or them;
S. 3(1)(c)(v) amended by No. 35/1996 s. 453(Sch. 1 item 41.1), substituted by No. 18/2005 s. 18(Sch. 1 item 53), amended by No. 17/2014 s. 160(Sch. 2 item 52).
the names of Australian legal practitioners engaged in the proceeding;
if the proceeding is adjourned, the date and place to which it is adjourned and bail arrangements on the adjournment.
S. 3(1A) inserted by No. 60/1993 s. 23(2).
The following is relevant business information for the purposes of subsection (1)(c)(iii)—
any address used by the accused for carrying on a business on the accused's own account;
the name of any business which the accused was carrying on, on the accused's own account, at the time when events giving rise to the charge or charges occurred;
the name and address of any firm in which the accused was a partner at that time or by which at that time the accused was engaged under a contract of service or a contract for services;
the name and address of the registered or principal office of any company of which the accused was a director at that time or by which at that time the accused was engaged under a contract of service or a contract for services;
any working address of the accused in his or her capacity as a person engaged by a company referred to in paragraph (d).
S. 3(1B) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.2).
At a hearing under Part 5.5 or 5.6 of Chapter 5 of the Criminal Procedure Act 2009, the court may, on the application of the accused or, if there are more than one, any one of the accused, order that subsection (1)(c) shall not apply to reports of that hearing.
S. 3(1C) inserted by No. 60/1993 s. 23(2), amended by No. 35/1996 s. 453(Sch. 1 item 41.2).
If an accused is not represented by a legal practitioner at a hearing referred to in subsection (1B), the court must explain to the accused the restrictions imposed by subsection (1)(c) and inform the accused about the court's power under subsection (1B).
S. 3(1D) inserted by No. 60/1993 s. 23(2).
If a hearing at which an order has been made under subsection (1B) is adjourned, the court must, on resuming the hearing, announce that the order has been made.
S. 3(1E) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.3).
It is not unlawful under this section to print or publish or cause or procure to be printed or published any matter relating to a hearing referred to in subsection (1)(c) after the conclusion of the trial or hearing of the person charged or of the last of the persons charged to be tried or heard.
S. 3(2) amended by Nos 57/1989 s. 3(Sch. item 106.1(a)), 114/2003 s. 12.1.3 (Sch. 6 item 7).
It shall not be lawful to sell distribute or give away or cause or procure to be sold distributed or given away or to have in possession for sale distribution or giving away any newspaper or document (whether printed or published in Victoria or elsewhere) containing or purporting to contain any matter or details or particulars the printing or publication of which would if the newspaper or document were printed or published in Victoria be a contravention of the provisions of this section. For the purposes of this subsection newspaper and document have respectively the like meanings as in section 1.3 of the Gambling Regulation Act 2003.
S. 3(3) amended by No. 9554 s. 2(2)(Sch. 2 item 103).
If any person acts in contravention of the provisions of subsection (1) or of subsection (2) of this section such person shall in respect of each offence be liable if a corporation to a penalty of not more than 50 penalty units and if any other person to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment:
Provided that no person other than a proprietor, editor, master printer or publisher shall be liable to be convicted under subsection (1) of this section:
Provided further that where a person who is guilty of any offence under this section is a corporation, any person being a member of the governing body, director, manager, or secretary of such corporation shall be deemed to have committed the like offence and be liable to the pecuniary penalty or imprisonment or both provided by this Act in the case of such an offence by a person other than a corporation accordingly, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.
S. 3(4) amended by No. 9848 s. 18(1)(Sch.).
No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.
S. 3(5) amended by Nos 16/1986 s. 30(Sch.), 57/1989 s. 3 (Sch. item 106.1(b)).
Nothing in this section shall apply to the printing selling distributing giving away or having in possession of any pleading, transcript of evidence or other document for use in connexion with any judicial proceedings or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any notice or report in pursuance of the directions of the adjudicating magistrate or judge or court; or to the printing publishing selling distributing giving away or having in possession of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions.
In this Act judicial proceedings means judicial proceedings whether in Victoria or elsewhere.
S. 3(7) amended by No. 57/1989 s. 3(Sch. item 106.1(c)).
This section shall be read and construed as in aid and not in derogation of the provisions of section 66 of the Maintenance Act 1965.
Note to s. 3 inserted by No. 20/2023 s. 50.
Note
Other Acts may provide that this section does not prevent certain disclosures of information. For example, see Division 6 of Part 9.2 of the Mental Health and Wellbeing Act 2022.
No. 6113 s. 2.
S. 4(1) amended by Nos 7596 s. 2(a)(b), 57/1989 s. 3 (Sch. item 106.2(a)(i)(ii)), substituted by No. 8/1991 s. 18(a).
In this section—
S. 4(1) def. of adult inserted by No. 35/2020 s. 3(1)(a).
adult means a person aged 18 years or older;
S. 4(1) def. of child inserted by No. 35/2020 s. 3(1)(a).
child means a person under the age of 18 years;
S. 4(1) def. of court inserted by No. 35/2020 s. 3(1)(a).
court means the Supreme Court, the County Court or the Magistrates' Court;
S. 4(1) def. of decision-making capacity inserted by No. 35/2020 s. 3(1)(a).
decision-making capacity has the same meaning as it has in the Guardianship and Administration Act 2019 as if a reference in that section of that Act to "this Act" were a reference to this section of this Act;
S. 4(1) def. of Judicial College of Victoria inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1).
* * * * *
S. 4(1) def. of permission inserted by No. 35/2020 s. 3(1)(a).
permission means written permission or, if a person is incapable of giving written permission, permission recorded by any other means;
S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 90(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
S. 4(1) def. of publish inserted by No. 8/1991 s. 18(a), substituted by No. 79/2014 s. 49(1), amended by No. 35/2020 s. 3(1)(b).
publish means disseminate or provide access to the public or a section of the public by any means, including by—
publication in a book, newspaper, magazine or other written publication; or
broadcast by radio or television; or
public exhibition; or
broadcast or electronic communication (including but not limited to social media)—
other than for a purpose connected with a judicial proceeding;
S. 4(1) def. of relevant person inserted by No. 35/2020 s. 3(1)(a).
relevant person, in relation to a supporting statement, means—
a registered medical practitioner; or
a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); or
a person who is a member of a prescribed class of persons;
S. 4(1) def. of Sentencing Advisory Council inserted by No. 79/2014 s. 49(2), repealed by No. 54/2017 s. 8(1).
* * * * *
S. 4(1) def. of sexual offence inserted by No. 8/1991 s. 18(a), amended by Nos 47/2016 s. 40, 5/2018 s. 18, substituted by No. 35/2020 s. 3(1)(c).
sexual offence has the same meaning as it has in section 4 of the Criminal Procedure Act 2009.
S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by Nos 33/1994 s. 17(3), 35/2020 s. 3(2).
A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence[1] is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence or offence has commenced, is being conducted or has been finally determined.
Note to s. 4(1A) inserted by No. 20/2023 s. 51.
Note
Other Acts may provide that this subsection does not prevent certain disclosures of information. For example, see Division 6 of Part 9.2 of the Mental Health and Wellbeing Act 2022.
S. 4(1B) inserted by No. 8/1991 s. 18(a), amended by No. 37/2014 s. 10(Sch. item 90(b)), substituted by No. 35/2020 s. 3(3).
Subsection (1A) does not apply if no complaint about the alleged offence had been made to a police officer.
S. 4(1BA) inserted by No. 35/2020 s. 3(3).
Subsection (1A) does not apply to a victim of an alleged offence or an offence who publishes any matter that contains any particulars likely to identify that victim.
Note
If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.
S. 4(1BAB) inserted by No. 35/2021 s. 4(1).
Subsection (1A) does not apply to the publication of any matter that contains any particulars likely to lead to the identification of a victim of an alleged offence or an offence after the victim is deceased.
Note
If the publication is likely to lead to the identification of another victim who is not deceased and who does not give permission to publish, the offence under subsection (1A) still applies.
S. 4(1BB) inserted by No. 35/2020 s. 3(3).
It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that—
the publication was about a victim who had given the accused permission to publish the particulars and was an adult at the time the permission was given; and
the publication was in accordance with the limits, if any, set by the victim; and
Example
Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name.
the victim had decision-making capacity to give permission to publish the particulars.
Note
If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.
S. 4(1BC) inserted by No. 35/2020 s. 3(3).
It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that—
the publication was about a victim who had given the accused permission to publish the particulars and was a child at the time the permission was given; and
the publication was in accordance with the limits, if any, set by the victim; and
Example
Limits might include the type of identifying particulars to which the permission to publish is given, the re-publication of the identifying particulars or where and by whom the identifying particulars are to be published, such as permission for the victim's name to be published but not their image or permission to a particular television program or newspaper or journalist, but not others or for a first name to be published but not a last name.
the permission was accompanied by a supporting statement that complies with subsection (1BD) made by a relevant person regarding the victim's permission to publish the particulars.
Note
If the publication is likely to lead to the identification of another victim who does not give permission to publish, the offence under subsection (1A) still applies.
S. 4(1BD) inserted by No. 35/2020 s. 3(3).
For the purposes of subsection (1BC), a supporting statement must—
state that the relevant person is of the opinion that the child understands—
what it means to be identified as a victim of a sexual offence; and
the consequences of losing anonymity; and
include the name, qualification and business address of the relevant person.
S. 4(1BE) inserted by No. 35/2020 s. 3(3).
S. 4(1BF) inserted by No. 35/2020 s. 3(3).
It is a defence to a charge under subsection (1A) for the accused to prove, on the balance of probabilities, that the publication was permitted by a court order under subsection (1BF).
Subject to subsection (1BG), a court may make an order permitting the publication of any matter that contains any particulars likely to lead to the identification of a victim if satisfied—
S. 4(1BF)(a) substituted by Nos 6280/1958 s. 4B(a), 35/2021 s. 4(2), 6280/1958 s. 4C(1)(a).
that it has taken into account the views of any victims likely to be identified, if those views are known following reasonable enquiries; and
S. 4(1BF)(b) substituted by Nos 6280/1958 s. 4B(a), 35/2021 s. 4(2), 6280/1958 s. 4C(1)(a).
that it is in the public interest to make the order.
S. 4(1BG) inserted by No. 35/2020 s. 3(3).
The court—
in making an order under subsection (1BF), must not take into account the views of the alleged offender or convicted offender; and
must not make an order under subsection (1BF) if it would be likely to lead to the identification of a victim who does not give permission for that publication and who is—
S. 4(1BG)(b)(i) amended by Nos 6280/1958 s. 4B(b), 35/2021 s. 4(3), 6280/1958 s. 4C(1)(b).
an adult victim with decision-making capacity at the time the proceeding under subsection (1BF) is being determined; or
a victim who was a child at the time the proceeding under subsection (1BF) is being determined and who has a supporting statement made in accordance with subsection (1BD).
S. 4(1BH) inserted by No. 35/2020 s. 3(3).
A court may make an order under subsection (1BF)—
on application by a person with sufficient interest, unless the person is the alleged offender or convicted offender; or
on its own motion.
S. 4(1BI) inserted by No. 35/2020 s. 3(3).
Nothing in this section affects any other law prohibiting or restricting publication of identifying material.
S. 4(1C) inserted by No. 8/1991 s. 18(a), repealed by No. 35/2020 s. 3(4).
* * * * *
S. 4(1CA) (1CB) inserted by No. 11/2019 s. 15, repealed by No. 35/2020 s. 3(4).
* * * * *
S. 4(1D) inserted by No. 79/2014 s. 49(3), substituted by No. 54/2017 s. 8(2).
This section does not prevent a disclosure of information to a prescribed person or body for the purpose of enabling the person or body to perform a prescribed statutory function.
S. 4(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 104), 8/1991 s. 18(b).
Any person who is guilty of an offence under subsection (1A) is liable, if a corporation, to a penalty of not more than 50 penalty units and, if a person other than a corporation, to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment.
Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent.
S. 4(4) amended by No. 9848 s. 18(1)( Sch.).
No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.
S. 4(5) amended by No. 57/1989 s. 3(Sch. item 106.2(b) (i)(ii)), repealed by No. 8/1991 s. 18(c).
* * * * *
S. 4A inserted by No. 35/2020 s. 4.
This section applies to a publication which occurred during the period between 16 April 1991 and the commencement of this section.
A person who published or caused to be published any matter that contains any particulars likely to lead to the identification of a victim of a sexual offence is not liable for an offence against section 4(1A) if either or both of the following apply—
the publication was made by the victim likely to be identified;
at the time of the publication, the person had authorisation from the victim to publish the particulars unless the victim was a child at the time of publication.
S. 4B inserted by No. 35/2020 s. 4, repealed by No. 35/2021 s. 6.
* * * * *
S. 4C inserted by No. 35/2021 s. 6A, repealed by No. 6280/1958 s. 4C(2).
* * * * *
Pt 3 (Heading and ss 4C–4S) inserted by No. 35/2021 s. 8.
Part 3—Victim privacy orders
S. 4C inserted by No. 35/2021 s. 8.
In this Part—
affected person means a natural person against whom a sexual offence has been committed or is alleged to have been committed in Victoria, whether or not a proceeding in respect of the alleged offence or offence has commenced, is being conducted or has been finally determined;
court has the same meaning as in section 4(1);
family violence has the same meaning as it has in section 5 of the Family Violence Protection Act 2008;
interim victim privacy order means an order made under section 4L;
publish has the same meaning as in section 4(1);
relevant news media organisation means a news media organisation that has nominated itself to a court to receive notifications relating to victim privacy orders from the court;
sexual offence has the same meaning as in section 4(1);
vexatious, in relation to an application or a proceeding under this Part, includes—
an abuse of the process of a court;
made or commenced to harass or annoy, to cause delay or detriment, or for another wrongful purpose;
made, commenced or pursued without reasonable grounds;
pursued or conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose;
victim privacy order means an order made under section 4F.
S. 4D inserted by No. 35/2021 s. 8.
A person with a sufficient interest may apply to a court for a victim privacy order in respect of a deceased affected person who was the victim of a sexual offence or an alleged sexual offence.
The application must set out the reasons the applicant believes—
it is necessary to prohibit or restrict the publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of a sexual offence or an alleged sexual offence; and
why the publication would cause undue distress to the applicant.
Without limiting the requirements of the Civil Procedure Act 2010, the applicant must disclose all material facts in relation to the application.
To avoid doubt, an application for a victim privacy order cannot be made by or on behalf of the offender or alleged offender.
An application for a victim privacy order can only be made in relation to an alleged sexual offence if—
a complaint about the alleged offence has been made to a police officer by the deceased affected person when alive; or
the alleged offence has otherwise been brought to the attention of a police officer.
Note
See also the limitations in section 4S.
S. 4E inserted by No. 35/2021 s. 8.
On receiving an application for a victim privacy order, the court must take reasonable steps to ensure that any relevant news media organisation is notified of the application for the victim privacy order.
The notification may be by—
electronic communication; or
any other means that the court considers appropriate.
An organisation which receives the notification may appear and be heard at the hearing of the application.
Nothing in this section limits any other requirement for an applicant to serve an application on any other party to the proceeding on the application.
S. 4F inserted by No. 35/2021 s. 8.
On an application under section 4D, the court may make an order prohibiting or restricting the publication of any matter that contains any particulars likely to lead to the identification of the deceased affected person as a victim of a sexual offence or an alleged sexual offence (a victim privacy order) if satisfied that it is necessary to avoid causing undue distress to the applicant.
In determining whether to make a victim privacy order, the court—
must have regard to public interests in accordance with subsection (3); and
may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and
must take into account any views of the deceased affected person about being publicly identified as a victim of a sexual offence or an alleged sexual offence after their death which were expressed during that person's lifetime, if known, following reasonable enquiries; and
must take into account any risk that—
the application, proceeding for the application or the victim privacy order may be used to perpetrate family violence; or
the application or proceeding for the application is vexatious; and
must be satisfied that the applicant is a person with a sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the deceased affected person—
the nature and closeness of the relationship between them, including their social and emotional ties;
the duration of the relationship between them and the frequency of contact;
whether they lived together or related together in a home environment;
any financial dependence or interdependence between them;
any other form of dependence or interdependence between them;
the provision of any paid or unpaid responsibility or care by or between them;
the provision of sustenance or support by or between them;
any history of family violence or other offending or alleged offending by the applicant against the deceased affected person that would make the applicant not an appropriate person to be granted an order;
whether they were in a relationship that had cultural recognition as being like family in the applicant's or the deceased affected person's community;
any other factors the court considers relevant; and
must not take into account the views of the offender or alleged offender.
Despite subsection (1), a court is only to make a victim privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information.
S. 4G inserted by No. 35/2021 s. 8.
A court must be satisfied on the basis of evidence, or sufficient credible information that is satisfactory to the court, that the relevant ground is established for—
making a victim privacy order; or
extending the duration of a victim privacy order; or
confirming, varying or revoking of a victim privacy order on a review.
Subsection (1) does not apply to an interim victim privacy order.
S. 4H inserted by No. 35/2021 s. 8.
The period for which a victim privacy order, other than an interim victim privacy order, operates must be—
determined by the court; and
specified in the order.
The period for which a victim privacy order operates—
may be for a fixed or ascertainable period; and
subject to sections 4I and 4J, must not exceed 5 years.
Despite subsection (1), a victim privacy order is automatically revoked on whichever is the latest of—
the death of the person who applied for the order; or
if more than one person applied for the same order, the death of the last of those persons.
S. 4I inserted by No. 35/2021 s. 8.
A person in respect of whom a victim privacy order has been made may apply to the court that made the order for an extension of the duration of the order.
An application under subsection (1) must be made before the expiry of the victim privacy order.
Without limiting the requirements of the Civil Procedure Act 2010, the applicant must disclose all material facts in relation to the application for the extension of the duration of the victim privacy order.
If an application under subsection (1) is made, the victim privacy order which is the subject of the application continues in operation until that application is determined, despite the period of the victim privacy order fixed in accordance with section 4H.
S. 4J inserted by No. 35/2021 s. 8.
Showing the first 12 of 22 provisions. See all provisions