1. Restrictions on publishing information

After Family Court

Restrictions on publishing information

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Overview

The Family Courts Act 1980 identifies what information and documents should and shouldn’t be published.

When information should not be published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.

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.

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