(1) Unless permitted to do so by this section, a person must not publish a recorded statement.
Penalty: Level 7 imprisonment (2 years maximum).
(2) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly—
(a) copy a recorded statement; or
(b) supply a recorded statement or a copy of a recorded statement to another person.
Penalty: Level 7 imprisonment (2 years maximum).
(3) Unless permitted to do so by this section, a person, other than the complainant, must not knowingly possess a recorded statement.
Penalty: Level 8 imprisonment (1 year maximum).
(4) A person may possess, publish or copy a recorded statement, or supply a recorded statement or a copy of a recorded statement to another person—
(a) for the purpose of investigating the family violence offence to which the recorded statement relates; or
(b) for the purpose of preparing for the proceeding in which the recorded statement is proposed to be used in evidence, including a proceeding for a family violence intervention order referred to in section 387K; or
(c) for the purpose of complying with a court order or tribunal order under section 387J or for preparing for a proceeding to which such an order relates; or
(d) for the purpose of the performance of official functions by—
(i) a member of Victoria Police personnel; or
(ii) a member of staff of the Office of Public Prosecutions; or
(iii) a judicial officer, member or member of staff of a court or tribunal; or
(e) for the purpose of an investigation or inquest under the Coroners Act 2008 ; or
(f) for purposes connected with disciplinary action against a police officer under the Victoria Police Act 2013 ; or
(g) for purposes connected with an investigation into the proper exercise of power by a public official, including an investigation by the Independent Broad-based Anti-Corruption Commission; or
(h) for the purpose of training or teaching a prescribed person or testing recording equipment if—
(i) the accused to whom the recorded statement relates has been convicted or found guilty of the charge to which the statement relates; and
(ii) all legal proceedings in relation to the subject matter in the recorded statement have been concluded; and
(iii) either the complainant consents to the use of the recorded statement for the purpose or the recorded statement is edited or otherwise altered so as to prevent the identification of the complainant and any person referred to in the statement; or
(i) for a purpose, or in the circumstances, prescribed by the regulations.
(5) A person may possess a recorded statement (whether in audiovisual form or audio form) if the statement was—
(a) served on that person in accordance with this Act; or
(b) subject to subsection (6), otherwise lawfully supplied to that person.
(6) Subsection (5)(b) does not apply in relation to—
(a) the supply of a recorded statement in audiovisual form, or a copy of it, to the accused or respondent; or
(b) if the accused or respondent was served only with a transcript of a recorded statement in accordance with section 387H(2), the supply of the recorded statement in audio form, or a copy of it, to the accused or respondent.
(7) For the purposes of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958 , the complainant is not involved in the commission of an offence against this section by the accused or respondent, and is not punishable as a principal offender, only because the complainant supplied a recorded statement, or a copy of a recorded statement, to the accused or respondent.
(8) This section does not apply to the publication or supply of a recorded statement as part of the publication or supply of an official court recording of proceedings.
(9) In this section—
"member of Victoria Police personnel" has the same meaning as in the Victoria Police Act 2013 ;
"prescribed person" means—
(a) a member of Victoria Police personnel other than a protective services officer;
(b) a person or body engaged to provide services to Victoria Police in relation to the installation or maintenance of recording equipment;
(c) a legal practitioner or a person training to become a legal practitioner;
(d) a person, or a person belonging to a class of persons, prescribed for the purposes of this section;
(e) an investigating official (as defined in section 464(2) of the Crimes Act 1958 ) or a person acting under an investigating official's direction;
"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;
"respondent" has the same meaning as in the Family Violence Protection Act 2008 .
S. 387M inserted by No. 33/2018 s. 116.