Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 114Q

  (1)   A person commits an indictable offence if:

  (a)   the person communicates to the public an account of proceedings under this Act; and

  (b)   the account identifies:

  (i)   a party to the proceedings; or

  (ii)   a witness in the proceedings; or

  (iii)   a person who is related to, or is associated with, a party to the proceedings; or

  (iv)   a person who is, or is alleged to be, in any other way concerned in the matter to which the proceedings relate.

Penalty:   Imprisonment for 1 year.

  (2)   Subsection   (1) does not apply if the communication is:

  (a)   in accordance with a direction of a court; or

  (b)   otherwise approved by a court.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code ).

  (3)   For the purposes of paragraph   (1)(b), an account of proceedings is taken to identify a person if the account includes material that is sufficient to identify the person to a member of the public. Examples of such material might include the following:

  (a)   a picture, recording, or physical description of the person;

  (b)   a name or title that identifies the person;

  (c)   an address or location where the person resides or works;

  (d)   details of the person's employment, paid or voluntary;

  (e)   the relationship or other connection between the person and an identified person or business;

  (f)   the person's political, philosophical or religious beliefs;

  (g)   any real or personal property associated with the person.

Note:   Paragraphs   (a) to (g) are examples of material that might be sufficient to identify a person to a member of the public. The examples are not exhaustive (see section   15AD of the Acts Interpretation Act 1901 ) and might not be sufficient to identify a person in every circumstance.