Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsection (3), any information in the custody of a court that would, or
would be likely to, reveal or lead to the revelation of the whereabouts
of —
(a) a
party to proceedings under this Act; or
(b) any
person who gives evidence in proceedings under this Act,
is not to be disclosed
by the court or a registrar of the court —
(c) to a
party to the proceedings; or
(d) in
such a manner that the information will, or may, be revealed to a party to the
proceedings.
(2) Subject to
subsection (3), a person must not publish in a newspaper or periodical
publication or by radio broadcast, television or other electronic means, or
otherwise disseminate to the public or to a section of the public by any means
any information that would, or would be likely to, reveal or lead to the
revelation of the whereabouts of —
(a) a
party to proceedings under this Act; or
(b) any
person who gives evidence in proceedings under this Act.
Penalty: $6 000 or imprisonment for
18 months.
(3) This section does
not apply if the court is satisfied —
(a) that
the person to whom the information is to be, or may be, disclosed is already
aware of the whereabouts of the person to whom the information applies; or
(b) that
the person who would otherwise be protected by this section —
(i)
understands the effect of this section; and
(ii)
has agreed that this section is not to apply,
and specifies in the
restraining order that this section does not apply.
(4) In this
section —
under this Act includes proceedings in which the
existence of a restraining order is a material fact in the proceedings.
[Section 70 inserted by No. 38 of 2004
s. 48; amended by No. 5 of 2008 s. 105.]