Offence to publish information disclosed under section 659
661 Offence to publish information disclosed under section 659
A person must not publish, or cause to be published, any information relating to a child or young person if that person knows that the information has been disclosed under section 659.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 1200 penalty units.
A person must not solicit or obtain any information relating to a child or young person which has been disclosed under section 659 for the purposes of publication from—
a person on the Youth Justice Victims Register or that person's nominee (if any); or
a person who has previously been on the Youth Justice Victims Register or that person's nominee (if any).
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 1200 penalty units.
A person on the Youth Justice Victims Register, a person who has previously been on the Youth Justice Victims Register or the nominee of either of those persons must not disclose any information relating to a child or young person which has been disclosed to that person under section 659 if that person reasonably believes that the information is likely to be or will be published or caused to be published.
Penalty: 60 penalty units.
Nothing in this section prevents—
a nominee of a person on the Youth Justice Victims Register disclosing information to the person on whose behalf information has been disclosed under section 659 by the Secretary to the nominee; or
a person on the Youth Justice Victims Register or a nominee of a person on the Youth Justice Victims Register from disclosing information disclosed under section 659 by the Secretary to an authorised person.
In this section—
authorised person means any of the following—
in the case of a person on the Youth Justice Victims Register, a member of that person's family;
a police officer, the DPP or a person employed in the Office of Public Prosecutions established under the Public Prosecutions Act 1994 if that police officer or person is investigating an offence;
a medical practitioner in the course of treatment of a person on the Youth Justice Victims Register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;
a psychologist in the course of treatment of a person on the Youth Justice Victims Register in relation to a condition or issues arising from that person being a victim of a criminal act of violence;
a lawyer in the course of consulting that lawyer for legal advice;
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—
and publication must be construed accordingly.
This Act’s bill:Explanatory memorandumSecond reading speech
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