Check a proposed publication against the care-proceedings restriction
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the draft and the file, list every name, image, school, locality and other particular that could identify the child, a party or a witness, and whether the draft says the child is or was in care. Do not rewrite the draft and do not decide that publication is permitted.
- What the lawyer must review
- The lawyer decides whether the draft may be published and whether an exception or a permission applies, after reading the section in full. In New South Wales, section 105 prohibits publication or broadcast of the name of a child or young person who is or is reasonably likely to be a witness, involved in non-court proceedings, the subject of proceedings, or mentioned in them, and of a child who is or has been under the parental responsibility of the Minister or in out-of-home care where the publication identifies that status. The prohibition runs until the person turns 25 or dies, whichever is first. It covers the internet. The penalty in subsection (2) is 200 penalty units or imprisonment for 2 years, or both, for an individual, or 2,000 penalty units for a corporation. The lawyer reads the exceptions in the section before anything goes out. In Victoria, section 534 of the Children, Youth and Families Act 2005 prohibits publication, without the permission of the President or a magistrate, of a report of a proceeding that contains particulars likely to lead to the identification of the venue (other than the Koori Court Criminal Division or the Neighbourhood Justice Division), a child or other party, or a witness, and of a picture of a child, party or witness. Paragraph (c) also prohibits, without that permission or the Secretary's permission under subsection (3), matter likely to identify a child as the subject of a court order. The penalty is 500 penalty units for a body corporate, or 100 penalty units or 2 years in any other case.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the draft and the file, list every name, image, school, locality and other particular that could identify the child, a party or a witness, and whether the draft says the child is or was in care. Do not rewrite the draft and do not decide that publication is permitted. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check every name and image in the draft, including a school or suburb that would identify the child.
- Apply the New South Wales section or the Victorian section, not both, and do not assume an exception without reading it.
- Confirm the draft is not published, posted or sent while the check is unfinished.
Sources
- Children and Young Persons (Care and Protection) Act 1998 (NSW) section 105 · 2026-10-22
- Children, Youth and Families Act 2005 (Vic) section 534 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.