Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of paragraph 114Q(1)(a) and subsection 114R(1), a communication to a person or body is not a communication to the public if:
(a) the person or body has a significant and legitimate interest in the subject matter of the communication; and
(b) that interest is substantially greater than, or different from, the interests of members of the public generally.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code ).
(2) Without limiting subsection (1), none of the following is a communication to the public:
(a) a private communication between a party to proceedings and one or more persons who are members of the party's family or friends of the party;
(b) a communication of a pleading, transcript of evidence, or other document for use in connection with any of the following proceedings, to a person concerned in those proceedings:
(i) proceedings in a court;
(ii) proceedings before an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;
(iii) proceedings in a tribunal established by or under a law of the Commonwealth or of a State or Territory;
(c) a communication of a pleading, transcript of evidence, or other document, to a prescribed authority of a State or Territory that has responsibilities relating to the welfare of children;
(d) a communication of a pleading, transcript of evidence, or other document, to:
(i) a body that is responsible for disciplining members of a profession in a State or Territory; or
(ii) a person concerned in disciplinary proceedings against a member of a profession in a State or Territory (being proceedings before a body that is responsible for disciplining members of that profession in that State or Territory);
(e) a communication of a pleading, transcript of evidence, or other document, to a body that grants assistance by way of legal aid for the purpose of facilitating a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case;
(f) a communication of material intended primarily for use by the members of any profession (being part of a series of law reports or any other publication of a technical character);
(g) a communication of an account of proceedings to a member of a profession in connection with:
(i) the person's practice of that profession; or
(ii) any form of professional training in which that person is involved;
(h) a communication of an account of proceedings to a student in connection with the student's studies.