Restrictions on publishing information

When information should not be published

A document must not contain identifying information about someone if either of the following are true.

• The case involves someone who is under 18 years old
• A vulnerable person is involved in the case. See below for the definition of a vulnerable person.

Penalties if someone breaks this law

Anyone who breaks this law is committing a crime. They may be charged and sentenced to either:

• 3 months in prison
• pay a fine of up to $2000.

For a company or other corporate body, they may have to pay a fine of up to $10,000.

How a ‘vulnerable person’ is defined under the law

Under the law, a vulnerable person is any of the following.

• A person who has applied for a Protection Order under the Family(external link) Violence Act 2018(external link) or has had a Protection Order made for them under that Act

• A person who a Family Court has the power to make decisions for relating to personal rights and their property under Part 1 or 3 of the Protection of Personal and Property Rights Act 1988(external link)
• A person who has had a Personal Order made under the Protection of Personal and Property Rights Act 1988(external link)
• A person named in a Property Order under the Protection of Personal and Property Rights Act 1988(external link)
• A person who has allowed another person Enduring Power of Attorney over their personal rights and their property under Part 9 of the Protection of Personal and Property Rights Act 1988(external link)
• A person who is a proposed patient, patient, or restricted patient as defined in the Mental Health (Compulsory) Assessment and Treatment Act 1992(external link)
• A person who has applied to the Family Court under section 30 of the Births Deaths and Marriages Registration Act 1995(external link)
• A person who is a proposed care recipient, or care recipient, as defined in the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003(external link)
• A person who the court considers could be adversely affected if the document is published and that person would be identified in the judgment.

Different rules apply to professional and technical publications

Different rules apply to reports in professional or technical publications and statistical information. Under certain conditions, you may be able to include some information about cases involving vulnerable people or people who are under 18 years old.

Section 11B of the Family Courts Act 1980 has information on the conditions for publishing restricted judgements.

Section 11B of the Family Courts Act 1980(external link)

Where to go for more information

If you’re not sure what information may be published, you should seek legal advice. You can contact a family lawyer or visit your local Community Law Centre for legal advice.