Changes to the Judicial Proceedings Reports Act 1958 in 2021

Information that could identify a victim of a sexual offence is considered restricted information under Victorian law. The rationale for this has been to protect privacy and anonymity of victim-survivors and ensure that publicity is not a barrier to sexual offences being reported. However, this had the consequence that it was an offence for victims who published their own identities without first obtaining a court order.

Amendments under the Act

Recent changes enacted under the Judicial Proceedings Reports Amendment Act 2021 ('JPRA') provide victim-survivors with more decision-making power in giving third parties (such as media organisations) tailored permission to publish their details. The legislation creates a defence where it can be proven, on the balance of probabilities, that the publication was done with permission of the victim to publish particulars and the publication was in accordance with any limits set by the victim.¹