Section 438 — Children, Young Persons, and Their Families Act 1989: Restriction on publication of reports of proceedings

438 Restriction on publication of reports of proceedings (1) Subject to subsection (2) of this section, no person shall publish any report of proceedings under this Act except with the leave of the Court that heard the proceedings. (2) Nothing in subsection (1) of this section applies to the publication of— (a) Any report in any publication that— (i) Is of a bona fide professional or technical nature; and (ii) Is intended for circulation among members of the legal, medical, or teaching professions, officers of the Public Service, psychologists, counsellors carrying out duties under this Act or the Family Proceedings Act 1980, or social welfare workers: (b) Statistical information relating to proceedings under this Act: (c) The results of any bona fide research relating to proceedings under this Act. (3) In no case shall it be lawful to publish, in any report of proceedings under this Act,— (a) The name of any child or young person or the parents or guardians or any person having the care of the child or young person; or (b) The name of any school that the child or young person is or was attending; or (c) Any other name or particulars likely to lead to the identification of the child or young person or of any school that the child or young person is or was attending: (d) In the case of proceedings under Part 4 of this Act, the name of any complainant. (4) Nothing in this section shall be construed to limit— (a) The provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings; or (b) The power of any Court to punish any contempt of Court. (5) Every person who contravenes this section commits an offence against this Act and is liable on summary conviction,— (a) In the case of an individual, to a fine not exceeding $2,000: (b) In the case of a body corporate, to a fine not exceeding $10,000. Compare: 1974 No 72 s 24; 1980 No 94 s 169 ; 1982 No 135 s 6