Judicial Proceedings Reports Act 1958

A court that made a victim privacy order or an interim victim privacy order may review the order for the purpose of confirming, varying or revoking the order—

on the court's own motion; or

on the application of the following—

the person who applied for the order;

any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked;

a party to any current proceeding before a court relating to the offence or alleged offence to which the order relates, other than the offender or alleged offender;

a relevant news media organisation.

Without limiting the requirements of the Civil Procedure Act 2010, an applicant must disclose all material facts in relation to the application for review.

To avoid doubt, an application for review cannot be made by or on behalf of the offender or alleged offender.

On determining to review an order on the court's own motion or on receiving an application under subsection (1)(b), the court must take reasonable steps to ensure that any relevant news media organisation is notified of the own motion review or the application for review of the victim privacy order or an interim victim privacy order.

The notification may be by—

electronic communication; or

any other means that the court considers appropriate.

Each of the persons specified in subsection (1)(b) or (4) is entitled to appear and be heard by the court on the review of a victim privacy order or an interim victim privacy order, whether or not the person is the applicant for the review.

Subject to subsection (10), on a review, the court may confirm, vary or revoke the victim privacy order or interim victim privacy order, as appropriate.

In determining whether to confirm, vary or revoke a victim privacy order or an interim victim privacy order, the court—

must have regard to public interests in accordance with subsection (9); 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 to confirm, vary or revoke the victim privacy order or the interim victim privacy order, proceeding to confirm, vary or revoke the order or the interim order or a confirmed, varied or revoked order or interim order may be used to perpetrate family violence; or

the application to confirm, vary or revoke the victim privacy order or the interim victim privacy order or the proceeding to confirm, vary or revoke the order or the interim order 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 the confirmation, variation or revocation of the 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.

A court is only to confirm or vary a victim privacy order or an interim 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.

Unless the court considers it is not appropriate to do so, the court must revoke a victim privacy order or an interim victim privacy order if the application for revocation of the order is made by the person who applied for the order.