The Family Violence Protection Act 2008 restricts the publication of reports about family violence intervention orders that are likely to lead to the identification of the subjects of the intervention orders or anyone involved in the proceedings, unless a publication order has been made. The court currently cannot make a publication order in a matter that relates to a child, but otherwise the court can make a publication order where publication is in the public interest and is just.

Changes made to the publication restrictions include the publication by an adult victim or with their consent, with the changes allowing publication of a report about contravention of a safety notice or intervention order, or a report published about another family violence related offence that refers to a safety notice or intervention order. The change does not allow publication of any report about the making or alteration of a safety notice or intervention order outside the context of a criminal offence.

The adult victim of a relevant offence may publish a report, with relevant offences being a contravention of a safety notice or intervention order, another offence where that person’s conduct would have contravened the safety notice or intervention order, but there was no charge, conviction, or finding of guilt for a contravention offence, or an offence that led to the making of a safety notice or intervention order. Another person may publish on behalf of the adult victim with their consent.

An adult victim cannot permit the identification of anyone else protected by the notice or order or who is involved in proceedings that relate to the notice or order. A victim can withdraw their consent at any time, causing a cessation of the publication. Once the initial publication has been released, the story can be republished without consent.

A report can be published when a person is found guilty, convicted or charged with a relevant offence, but only if the charge is pending or the finding of guilt has not been set aside or quashed.

Permitted content in a report:

• A safety notice or intervention order applies to a person who has been found guilty, charged, or convicted of a relevant offence.
• The adult victim is protected by the notice or order and is a victim of the relevant offence.
• The type of restrictions imposed by the notice or order
• Details of the relevant offence

These rules are very specific and must be adhered to to protect everyone involved from undue publication of private details that may or may not be in effect at any given time.

Call Vanessa Ash today for a free chat about your intervention order.