Judicial Proceedings Reports Act 1958

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.