Queensland Consolidated Acts

CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 7C

7C Procedure for making non-publication order

(1) Each of the following persons may appear and be heard by the court on an application for a non-publication order—

(a) the applicant;

(b) an eligible person in relation to the charge to which the application relates;

(c) an accredited media entity;

(d) any other person whom the court considers has sufficient interest in the question of whether the order should be made.

(2) The court may order that the application be heard in closed court.

(3) In hearing the application the court––

(a) may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and

(b) must consider the following––

(i) the primacy of the principle of open justice;

(ii) the public interest;

(iii) any submissions made or views expressed by or on behalf of the complainant about the application;

(iv) any special vulnerabilities of the complainant or the defendant;

(v) any cultural considerations relating to the complainant or the defendant;

(vi) the potential effect of publication in a rural or remote community;

(vii) the potential to prejudice any future court proceedings;

(viii) the history and context of any relationship between the complainant and the defendant (including, for example, any domestic violence history);

(ix) any other matter the court considers relevant.

(4) If the court grants the application, the court must state in the order––

(a) the grounds on which the order is made; and

(b) any identifying matter that is not covered by the order; and

(c) the extent to which publication of identifying matter is prohibited; and

(d) that the order ceases to have effect when the defendant is committed for trial or sentence or sentenced on the charge or when the charge is withdrawn, whichever happens first.