Judicial Proceedings Reports Act 1958 - …FILE/58-6280a040.docx · Web viewJudicial Proceedings...

Version No. 040

Judicial Proceedings Reports Act 1958No. 6280 of 1958

Version incorporating amendments as at17 March 2016

TABLE OF PROVISIONSSection Page

1 Short title and commencement 12 Repeal 13 Restriction on publication of reports of judicial proceedings 24 Prohibition of reporting of names 7

Schedule 11

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Endnotes 12

1 General information 12

2 Table of Amendments 14

3 Amendments Not in Operation 17

4 Explanatory details 18

1

Version No. 040


Version incorporating amendments as at17 March 2016

An Act to consolidate the Law regulating the Publication of Reports in relation to Certain Judicial Proceedings.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement

This Act may be cited as the Judicial Proceedings Reports Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2 Repeal

(1) The Acts mentioned in the Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed.

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3 Restriction on publication of reports of judicial proceedings

(1) It shall not be lawful to print or publish or cause or procure to be printed or published—

(a) in relation to any judicial proceedings any indecent matter or indecent medical surgical or physiological details being matter or details the publication of which would be calculated to injure public morals; or

(b) in relation to any judicial proceedings for dissolution of marriage, for nullity of marriage, for judicial separation, or for restitution of conjugal rights, any particulars other than the following, that is to say—

(i) the names addresses and occupations of the parties and witnesses;

(ii) a concise statement of the charges defences and counter-charges in support of which evidence has been given;

(iii) submissions on any point of law arising in the course of the proceedings and the decision of the court or judge thereon;

(iv) the summing-up of the judge and the finding of the jury (if any) and the judgment of the court and observations made by the judge in giving judgment:

Provided that nothing in paragraph (b) of this subsection shall be held to permit the publication of anything contrary to the provisions of paragraph (a) of this subsection; or

(c) except as provided in this section in relation to a hearing under Part 5.5 or 5.6

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Nos 3814 s. 2, 3822 s. 5, 4625 s. 28(5).

S. 3(1)(c) substituted by No. 60/1993 s. 23(1), amended by No. 68/2009 s. 97(Sch. item 72.1).

of Chapter 5 of the Criminal Procedure Act 2009, any matters other than—

(i) the identity of the court and name of the judge constituting it;

(ii) the names, ages, home addresses and occupations of the accused and witnesses;

(iii) any relevant business information;

(iv) the offence or offences, or a summary of it or them;

(v) the names of Australian legal practitioners engaged in the proceeding;

(vi) if the proceeding is adjourned, the date and place to which it is adjourned and bail arrangements on the adjournment.

(1A) The following is relevant business information for the purposes of subsection (1)(c)(iii)—

(a) any address used by the accused for carrying on a business on the accused's own account;

(b) the name of any business which the accused was carrying on, on the accused's own account, at the time when events giving rise to the charge or charges occurred;

(c) the name and address of any firm in which the accused was a partner at that time or by which at that time the accused was engaged

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S. 3(1)(c)(v) amended by No. 35/1996 s. 453(Sch. 1 item 41.1), substituted by No. 18/2005 s. 18(Sch. 1 item 53), amended by No. 17/2014 s. 160(Sch. 2 item 52).

S. 3(1A) inserted by No. 60/1993 s. 23(2).

under a contract of service or a contract for services;

(d) the name and address of the registered or principal office of any company of which the accused was a director at that time or by which at that time the accused was engaged under a contract of service or a contract for services;

(e) any working address of the accused in his or her capacity as a person engaged by a company referred to in paragraph (d).

(1B) At a hearing under Part 5.5 or 5.6 of Chapter 5 of the Criminal Procedure Act 2009, the court may, on the application of the accused or, if there are more than one, any one of the accused, order that subsection (1)(c) shall not apply to reports of that hearing.

(1C) If an accused is not represented by a legal practitioner at a hearing referred to in subsection (1B), the court must explain to the accused the restrictions imposed by subsection (1)(c) and inform the accused about the court's power under subsection (1B).

(1D) If a hearing at which an order has been made under subsection (1B) is adjourned, the court must, on resuming the hearing, announce that the order has been made.

(1E) It is not unlawful under this section to print or publish or cause or procure to be printed or published any matter relating to a hearing referred to in subsection (1)(c) after the conclusion of the trial or hearing of the person charged or of the last of the persons charged to be tried or heard.

(2) It shall not be lawful to sell distribute or give away or cause or procure to be sold distributed or given away or to have in possession for sale

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S. 3(1B) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.2).

S. 3(1C) inserted by No. 60/1993 s. 23(2), amended by No. 35/1996 s. 453(Sch. 1 item 41.2).

S. 3(1D) inserted by No. 60/1993 s. 23(2).

S. 3(1E) inserted by No. 60/1993 s. 23(2), amended by No. 68/2009 s. 97(Sch. item 72.3).

S. 3(2) amended by Nos 57/1989 s. 3(Sch. item 106.1(a)), 114/2003 s. 12.1.3 (Sch. 6 item 7).

distribution or giving away any newspaper or document (whether printed or published in Victoria or elsewhere) containing or purporting to contain any matter or details or particulars the printing or publication of which would if the newspaper or document were printed or published in Victoria be a contravention of the provisions of this section. For the purposes of this subsection newspaper and document have respectively the like meanings as in section 1.3 of the Gambling Regulation Act 2003.

(3) If any person acts in contravention of the provisions of subsection (1) or of subsection (2) of this section such person shall in respect of each offence be liable if a corporation to a penalty of not more than 50 penalty units and if any other person to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment:

Provided that no person other than a proprietor, editor, master printer or publisher shall be liable to be convicted under subsection (1) of this section:

Provided further that where a person who is guilty of any offence under this section is a corporation, any person being a member of the governing body, director, manager, or secretary of such corporation shall be deemed to have committed the like offence and be liable to the pecuniary penalty or imprisonment or both provided by this Act in the case of such an offence by a person other than a corporation accordingly, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

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S. 3(3) amended by No. 9554 s. 2(2)(Sch. 2 item 103).

(4) No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.

(5) Nothing in this section shall apply to the printing selling distributing giving away or having in possession of any pleading, transcript of evidence or other document for use in connexion with any judicial proceedings or the communication thereof to persons concerned in the proceedings, or to the printing or publishing of any notice or report in pursuance of the directions of the adjudicating magistrate or judge or court; or to the printing publishing selling distributing giving away or having in possession of any matter in any separate volume or part of any bona fide series of law reports which does not form part of any other publication and consists solely of reports of proceedings in courts of law, or in any publication of a technical character bona fide intended for circulation among members of the legal or medical professions.

(6) In this Act judicial proceedings means judicial proceedings whether in Victoria or elsewhere.

(7) This section shall be read and construed as in aid and not in derogation of the provisions of section 66 of the Maintenance Act 1965.

6

S. 3(4) amended by No. 9848 s. 18(1)(Sch.).

S. 3(5) amended by Nos 16/1986 s. 30(Sch.), 57/1989 s. 3 (Sch. item 106.1(b)).

S. 3(7) amended by No. 57/1989 s. 3(Sch. item 106.1(c)).

4 Prohibition of reporting of names

(1) In this section—

Judicial College of Victoria means the Judicial College of Victoria established under the Judicial College of Victoria Act 2001;

police officer has the same meaning as in the Victoria Police Act 2013;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a) publication in a book, newspaper, magazine or other written publication; or

(b) broadcast by radio or television; or

(c) public exhibition; or

(d) broadcast or electronic communication—

other than for a purpose connected with a judicial proceeding;

Sentencing Advisory Council means the Sentencing Advisory Council established under Part 9A of the Sentencing Act 1991;

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No. 6113 s. 2.S. 4(1) amended by Nos 7596 s. 2(a)(b), 57/1989 s. 3 (Sch. item 106.2(a)(i)(ii)), substituted by No. 8/1991 s. 18(a).

S. 4(1) def. of Judicial College of Victoria inserted by No. 79/2014 s. 49(2).

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 90(a)).

S. 4(1) def. of publish inserted by No. 8/1991 s. 18(a), substituted by No. 79/2014 s. 49(1).

S. 4(1) def. of Sentencing Advisory Council inserted by No. 79/2014 s. 49(2).

sexual offence means an offence under subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I of the Crimes Act 1958 or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence.

(1A) A person who publishes or causes to be published any matter that contains any particulars likely to lead to the identification of a person against whom a sexual offence, or an offence where the conduct constituting it consists wholly or partly of taking part, or attempting to take part, in an act of sexual penetration as defined in section 35 of the Crimes Act 1958,1 is alleged to have been committed is guilty of an offence, whether or not a proceeding in respect of the alleged offence is pending in a court.

(1B) If a proceeding in respect of the alleged offence is not pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove—

(a) that no complaint about the alleged offence had been made to a police officer before that time; or

(b) that the matter was published or caused to be published in accordance with the permission of—

(i) the Supreme Court, the County Court or the Magistrates' Court granted on an application by a person; or

(ii) the person against whom the offence is alleged to have been committed.

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S. 4(1) def. of sexual offence inserted by No. 8/1991 s. 18(a).

S. 4(1A) inserted by No. 8/1991 s. 18(a), amended by No. 33/1994 s. 17(3).

S. 4(1B) inserted by No. 8/1991 s. 18(a).

S. 4(1B)(a) amended by No. 37/2014 s. 10(Sch. item 90(b)).

(1C) If a proceeding in respect of the alleged offence is pending in a court at the relevant time, it is a defence to a charge under subsection (1A) for the accused to prove that the matter was published or caused to be published in accordance with the permission of that court granted on an application by a person.

(1D) This section does not prevent a disclosure of information that is made for the purpose of enabling—

(a) the Judicial College of Victoria to perform its functions under the Judicial College of Victoria Act 2001; or

(b) the Sentencing Advisory Council to perform its functions under Part 9A of the Sentencing Act 1991.

(2) Any person who is guilty of an offence under subsection (1A) is liable, if a corporation, to a penalty of not more than 50 penalty units and, if a person other than a corporation, to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than four months or to both such penalty and imprisonment.

(3) Where a corporation is guilty of an offence against this section any person being a member of the governing body or being a director manager or secretary of the corporation shall severally be deemed to have committed the offence and shall be liable to the aforesaid penalty or imprisonment or both unless he proves that the offence by the corporation took place without his knowledge or consent.

(4) No prosecution for an offence under this section shall be commenced by any person without the sanction of the Director of Public Prosecutions.

* * * * *

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S. 4(1C) inserted by No. 8/1991 s. 18(a).

S. 4(1D) inserted by No. 79/2014 s. 49(3).

S. 4(2) amended by Nos 9554 s. 2(2)(Sch. 2 item 104), 8/1991 s. 18(b).

S. 4(4) amended by No. 9848 s. 18(1)( Sch.).

S. 4(5) amended by No. 57/1989 s. 3(Sch. item 106.2(b)(i)(ii)), repealed by No. 8/1991 s. 18(c).

ScheduleNumber ofAct Title of Act Extent of Repeal

3814 Judicial Proceedings (Regulation of Reports) Act 1929

The whole

3822 Sessional Acts Revision Act 1929 Item in Schedule referring to Judicial Proceedings (Regulation of Reports) Act 1929

4625 Money Lenders Act 1938 Section 28(5)

6113 Judicial Proceedings (Regulation of Reports) Act 1957

The whole

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Section 2


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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Judicial Proceedings Reports Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).


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http://www.legislation.vic.gov.au/

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThis publication incorporates amendments made to the Judicial Proceedings Reports Act 1958 by Acts and subordinate instruments.

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Judicial Proceedings Reports (Amendment) Act 1967, No. 7596/1967Assent Date: 5.12.67Commencement Date: 5.12.67Current State: All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981Assent Date: 19.5.81Commencement Date: S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81:

Government Gazette 3.6.81 p. 1788; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799

Current State: All of Act in operation

Director of Public Prosecutions Act 1982, No. 9848/1982Assent Date: 21.12.82Commencement Date: Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83

p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146


Courts Amendment Act 1986, No. 16/1986Assent Date: 22.4.86Commencement Date: Ss 1–11, 13–27, 29–34 on 1.7.86: Government

Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701


Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989Assent Date: 14.6.89Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette

30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217


Crimes (Sexual Offences) Act 1991, No. 8/1991Assent Date: 16.4.91Commencement Date: S. 18 on 5.8.91: Government Gazette 24.7.91 p. 2026Current State: This information relates only to the provision/s

amending the Judicial Proceedings Reports Act 1958


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Crimes (Criminal Trials) Act 1993, No. 60/1993Assent Date: 8.6.93Commencement Date: S. 23 on 1.7.93: Government Gazette 1.7.93 p. 1735Current State: This information relates only to the provision/s


Magistrates' Court (Amendment) Act 1994, No. 33/1994Assent Date: 31.5.94Commencement Date: S. 17(3) on 24.10.94: Government Gazette 20.10.94

p. 2789Current State: This information relates only to the provision/s


Legal Practice Act 1996, No. 35/1996Assent Date: 6.11.96Commencement Date: S. 453(Sch. 1 items 41.1, 41.2) on 1.1.97: s. 2(3)Current State: This information relates only to the provision/s


Gambling Regulation Act 2003, No. 114/2003Assent Date: 16.12.03Commencement Date: S. 12.1.3(Sch. 6 item 7) on 1.7.04: Government

Gazette 1.7.04 p. 1843Current State: This information relates only to the provision/s


Legal Profession (Consequential Amendments) Act 2005, No. 18/2005Assent Date: 24.5.05Commencement Date: S. 18(Sch. 1 item 53) on 12.12.05: Government

Gazette 1.12.05 p. 2781Current State: This information relates only to the provision/s


Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date: 24.11.09Commencement Date: S. 97(Sch. item 72) on 1.1.10: Government Gazette

10.12.09 p. 3215Current State: This information relates only to the provision/s



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Legal Profession Uniform Law Application Act 2014, No. 17/2014Assent Date: 25.3.14Commencement Date: S. 160(Sch. 2 item 52) on 1.7.15: Special Gazette

(No. 151) 16.6.15 p. 1Current State: This information relates only to the provision/s


Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date: 3.6.14Commencement Date: S. 10(Sch. item 90) on 1.7.14: Special Gazette

(No. 200) 24.6.14 p. 2Current State: This information relates only to the provision/s


Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date: 21.10.14Commencement Date: S. 49 on 22.10.14: s. 2(1)Current State: This information relates only to the provision/s


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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory details


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1 S. 4(1A): Section 28(7) of the Magistrates' Court (Amendment) Act 1994, No. 33/1994 reads as follows:

28Transitional provisions

(7) The amendments made by section 17 (extension of power to close proceedings to the public) apply to any proceeding being heard after the commencement of that section regardless of when the offence is alleged to have been committed.

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