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Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

98   Prohibition of publication of names of complainants in sexual cases




    98 Prohibition of publication of names of complainants in sexual cases

  (1)  In this section, complainant means a person whose complaint against a
health practitioner (whether made by the person or on the
person's behalf) relates to sexual acts---

      (a)  that are alleged to have been performed on, or in respect of, the
person; or

      (b)  that the person is alleged to have been compelled or induced to
perform.

  (2) No person may in any report or account of a hearing of the Tribunal
publish the name of the complainant or any particulars likely to lead to the
identification of the complainant unless---

      (a)  the complainant is 16 years or older; and

      (b)  the Tribunal makes an order permitting the publication.

  (3)  However, the Tribunal must make an order under subsection (2)(b) if---

      (a)  the complainant---

          (i)     is 16 years or older (whether or not he or she was under 16
years when the acts referred to in subsection (1) were alleged to have been
performed);
and

          (ii)    applies to the Tribunal for the order; and

      (b)  the Tribunal is satisfied that the complainant understands the
nature and effect of the application.

  (4)  If it thinks that the interests of the complainant require it to do so,
the Tribunal may make an order under section 95(2)(b) forbidding publication of
any report or account of any part of the evidence relating to the particulars
of the acts referred to in subsection (1).

  (5)  Every person commits an offence and is liable on summary conviction to a
fine not exceeding $10,000 who contravenes subsection (2).

  (6)  Except for subsection (3), nothing in this section nor in section 97
limits the Tribunal's power to make an order under section 95.
Compare: 1995 No 95 s 107

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