Victorian Numbered Acts Victorian Numbered ActsSee:
Act No.
53/1998.
Reprint No. 9
as at
1 January 2014
and amending
Act Nos
11/2010, 67/2013, 1/2014, 17/2014, 23/2014, 37/2014, 42/2014, 57/2014,
60/2014, 62/2014 and 66/2014.
LawToday:
www.
legislation.
vic.gov.au
s. 5
After Part 17 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert —
The Part applies in respect of a proceeding under Part 8 of the Sentencing Act 1991 .
The Tribunal is to be constituted by the President or a Vice President.
(1) Unless the Tribunal orders otherwise, a person must not publish or broadcast, or cause to be published or broadcast, any report of a proceeding that identifies, or could reasonably lead to the identification of—
(a) a party to the proceeding; or
(b) any other person who has given evidence in the proceeding as to—
(i) whether any person involved in the conduct constituting the offence (including the applicant) that is the subject of the proceeding consented to the conduct; or
(ii) the ages, or respective ages, of any such persons at the time of that conduct.
Penalty: 20 penalty units.
(2) The Tribunal may make an order under subclause (1) only if it considers that it would be in the public interest to do so.
(3) An order of the Tribunal under subclause (1) must specify that pictures are not to be taken of any party to the proceeding or other person covered by subclause (1)(b).
(1) This clause applies, despite anything to the contrary in section 50, if a data controller (within the meaning of Part 8 of the Sentencing Act 1991 ) commences a proceeding.
(2) The operation of the decision that is the subject of the proceeding is stayed pending the determination by the Tribunal of the proceeding and the expiration of the appeal period.
(3) For the purposes of subclause (2) the appeal period expires—
(a) at the end of the period during which an application for leave to appeal from the order of the Tribunal determining the proceeding may be made under Part 5 if an application is not made within that period; or
(b) if an application for leave to appeal is made, when that application is determined if leave is not granted; or
(c) if leave is granted, at the end of the period during which the appeal may be instituted under Part 5 if an appeal is not instituted within that period; or
(d) if an appeal is instituted, when
the appeal is determined.
s. 6
Despite anything to the contrary in section 146, the file kept by the principal registrar under that section in a proceeding is not open for inspection or copying by any person.".