Applying for a victim privacy order
4D Applying for a victim privacy order
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.
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