Information on identity of certain person restricted
70 Information on identity of certain person restricted
Subject to subsection (1A), (3) or (3A), any information in the custody of a court that would, or would be likely to, reveal or lead to the revelation of the whereabouts of —
a party to proceedings under this Act; or
any person who gives evidence in proceedings under this Act,
is not to be disclosed by the court or a registrar of the court —
to a party to the proceedings; or
in such a manner that the information will, or may, be revealed to a party to the proceedings.
Subsection (1) does not apply to a disclosure of information to a person who is, or who is in a class of persons that is, prescribed in the regulations for the purposes of this subsection.
If the information is disclosed to a person referred to in subsection (1A) —
no civil or criminal liability is incurred in respect of the disclosure of the information; and
the disclosure of the information is not to be regarded as a breach of any duty of confidentiality or secrecy imposed by any written or other law; and
the disclosure of the information is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.
Subject to subsection (3), a person must not publish in a newspaper or periodical publication or by radio broadcast, television or other electronic means, or otherwise disseminate to the public or to a section of the public by any means any information that would, or would be likely to, reveal or lead to the revelation of the whereabouts of —
a party to proceedings under this Act; or
any person who gives evidence in proceedings under this Act.
Penalty for this subsection: a fine of $6 000 or imprisonment for 18 months.
This section does not apply if the court is satisfied —
that the person to whom the information is to be, or may be, disclosed is already aware of the whereabouts of the person to whom the information applies; or
that the person who would otherwise be protected by this section —
understands the effect of this section; and
has agreed that this section is not to apply,
and specifies in the restraining order that this section does not apply.
This section does not prevent —
the matter number of any proceedings (whether under this Act or otherwise) being displayed by a court in the precincts of the court; or
the name of a party to any proceedings (whether under this Act or otherwise), or the name of any other person who is to give evidence in any such proceedings, being revealed by or on behalf of a court in the precincts of the court.
In this section —
under this Act includes proceedings in which the existence of a restraining order is a material fact in the proceedings.
[Section 70 inserted: No. 38 of 2004 s. 48; amended: No. 5 of 2008 s. 105; No. 49 of 2016 s. 76; No. 30 of 2020 s. 81.]
This provision refers to the regulations (prescribed in the regulations
). Made under this Act:
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