Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 695A

695A Power to protect victim of violence by prohibiting publication of information about proceedings

(1) This section applies to—

(a) a judge of a court—

(i) to which someone has been committed for trial or sentence for an indictable offence involving personal violence; or

(ii) before which an indictment has been presented for an offence involving personal violence; or

(iii) hearing and deciding a proceeding for a COVA application relating to an offence involving personal violence; and

(b) a magistrate summarily hearing and deciding a proceeding for an indictable offence involving personal violence, including a committal proceeding.

(2) The judge or magistrate may make an order prohibiting, indefinitely or for a specified time, the publication of information about the address of a person against whom the violence is alleged to have been committed.

(3) The order may be made on application by the person, or by the prosecution acting in the person’s interests.

(4) The order may be made only if the information is not relevant to the guilt or innocence of the charged person.

(5) An application for an order under this division may be made—

(a) in chambers; and

(b) only in the presence of persons the judge or magistrate allows.

(6) On the hearing of the application the judge or magistrate may receive and act on information the judge or magistrate considers appropriate.

(7) In this section—

"address" , of a person, means the address of the person’s residence, school, place of employment or other address.

"COVA application" means an application under the repealed Criminal Offence Victims Act 1995 , part 3 , as applying under the Victims of Crime Assistance Act 2009 , chapter 6 , part 2 .