Non-Publication Order Lawyer Cairns — Fixed Fee
$3,300 — Fixed Fee
Fees Non-publication order application — uncontested or likely unopposed — $3,300;Non-publication order application — contested (media opposition anticipated) — $5,500. Covers : advice on prospects and grounds, preparation of supporting affidavit material, notice to eligible persons and accredited media entities, appearance at the Magistrates Court on the application, interim order application where urgency requires it, and post-order advice. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to assess the prospects of a non-publication order on the available grounds and advise on the strength of your application Advice on timing — including whether an interim order should be sought before the substantive application is heard Preparation of supporting affidavit evidence addressing the grounds relied upon Notice to the prosecution and other eligible persons as required under s 103ZZW of the Evidence Act 1977 (Qld)Coordinating notification to accredited media entities through the court under s 103ZZX of the Act Appearance at the Magistrates Court on the hearing of the application If urgent: interim order application under s 103ZZZA — the court must hear the substantive application within 72 hours where practicable Advice on the terms of any order made, its duration, and what it prohibits The Law and What Changed Before 3 October 2023, Queensland law automatically suppressed a defendant's identity in sexual offence proceedings until the matter was committed for trial or sentence. That protection was removed by the Justice and Other Legislation Amendment Act 2023 (Qld). Since then, anyone charged with a prescribed sexual offence can be named publicly unless a non-publication order is in force.From 26 May 2025, the non-publication order regime moved entirely to Part 6C of the Evidence Act 1977 (Qld), commencing with the Criminal Law (Coercive Control and Affirmative Consent and Other Legislation Amendment Act 2024. The previous regime under the Criminal Law (Sexual Offences) Act 1978 (Qld) no longer applies to applications made on or after that date.A "prescribed sexual offence" under s 103ZZV of the Act means rape, attempt to commit rape, assault with intent to commit rape, and sexual assault under s 352 of the Criminal Code Act 1899 (Qld). The non-publication order regime in Part 6C applies to those charges. Defendants charged with other sexual offences should seek advice on what protections apply to their matter.The complainant's identity remains automatically protected. Under s 103ZZN of the Evidence Act 1977 (Qld), a person must not publish identifying matter in relation to a complainant once a person has been charged with a prescribed sexual offence. That protection has not changed. The maximum penalty for breaching it is 100 penalty units or 2 years' imprisonment for an individual. What changed in 2023 is the defendant's position — you must now actively apply for protection if you want your own identity suppressed.
What a Non-Publication Order Does
A non-publication order under s 103ZZY of the Evidence Act 1977 (Qld) prohibits publication of identifying matter in relation to the defendant charged with a prescribed sexual offence. "Identifying matter" in relation to a defendant is defined in s 103ZZV as the defendant's name, address, place of employment, or another particular of the defendant or another person that is likely to lead to the identification of the defendant as a person charged with the offence."Publication" includes reporting in newspapers, online publication, broadcast, and social media. A non-publication order binds the media and any other person who becomes aware of the identifying matter. Contravening a non-publication order or an interim order is a criminal offence under s 103ZZZC, carrying a maximum penalty of 100 penalty units or 2 years' imprisonment for an individual. The order operates until the defendant is committed for trial or sentence, sentenced on the charge, or the charge is withdrawn — as required by s 103ZZZ. The order must state the grounds on which it is made, the identifying matter it does not cover, and the extent of the prohibition. When Naming the Defendant Also Identifies the Complainant There is an important scenario that deserves specific attention, particularly in matters involving family members, domestic partners, or parties from small or close-knit communities. The automatic prohibition in s 103ZZN protects the complainant's identity from the moment a person is charged. Under s 103ZZV, identifying matter in relation to a defendant includes "another particular of the defendant or another person that is likely to lead to the identification of the defendant." Where the complainant and the defendant are related — as family members, former partners, or members of the same household — publication of the defendant's identity will frequently identify the complainant as well. That consequence is not merely a collateral outcome: it triggers the s 103ZZN prohibition independently of any non-publication order. This creates a strong and distinct ground for a non-publication order application under s 103ZZY(a) — that the order is necessary to prevent prejudice to the proper administration of justice — because permitting publication would itself constitute a criminal offence under s 103ZZN. The connection between the defendant's identification and the complainant's identification must be established in evidence, but where the relationship makes it plain that naming the defendant names the complainant, the court cannot ignore that consequence. In regional communities such as Cairns, where the effect of publication is expressly a matter the court must consider under s 103ZZZ, this argument carries additional weight. If your matter involves a family or domestic relationship with the complainant, or if there is any reason to think that publishing your identity would expose the complainant's identity — call Civic Law before any decision is made about proceeding publicly.
Who Can Apply
and the Grounds Under s 103ZZW of the Evidence Act 1977 (Qld), an eligible person — which includes the defendant, the complainant, and the prosecution — may apply to the Magistrates Court for a non-publication order. The court may make the order under s 103ZZY if satisfied of one or more of the following grounds:The order is necessary to prevent prejudice to the proper administration of justice The order is necessary to prevent undue hardship or distress to a complainant or witness in relation to the charge The order is necessary to protect the safety of any person These grounds are applied strictly. Reputational damage and personal embarrassment are not sufficient. The decision in Lehrmann v QPS [2023] QSC 238 confirmed that safety evidence must be concrete — an affidavit from a solicitor and a psychologist's report asserting a general risk of harm was held insufficient by Magistrate Kelly, and the Supreme Court (Applegarth J) upheld that refusal on judicial review. The standard is real and the evidence must meet it. (Note: Lehrmann was decided under the old regime, but the grounds are substantively the same under the new Act.)How the Application Works Notice. The applicant must give 3 business days' notice of the intention to make the application to the court and each other eligible person under s 103ZZW. If the applicant is the defendant, notice to the complainant must be given by the prosecution — not by the defendant personally. The court must then take reasonable steps to notify accredited media entities under s 103ZZX. Hearing. At the hearing under s 103ZZZ, accredited media entities and any person with sufficient interest may appear and be heard. The court may order the application be heard in closed court. In deciding the application the court must consider: the primacy of open justice, the public interest, any views expressed by or on behalf of the complainant, any special vulnerabilities of the parties, cultural considerations, the potential effect of publication in a rural or remote community, the potential to prejudice future proceedings, the history of the relationship between the complainant and the defendant including any domestic violence history, and any other relevant matter. Interim order. Where urgency requires it, the court may make an interim order under s 103ZZZA without determining the merits of the application. An interim order prohibits publication of identifying matter until the substantive application is decided or the interim order is revoked. Where an interim order is made, the court must hear the substantive application as a matter of urgency — within 72 hours where practicable. No right of appeal. There is no right of appeal against a decision to grant or refuse a non-publication order. The only avenue of challenge is an application for judicial review in the Supreme Court — and the standard for establishing jurisdictional error is high. What Changes the Outcome The quality of the evidence. The court will not make an order based on speculation or assertion. The evidence must demonstrate that one of the statutory grounds is met. For safety-based applications, that means concrete evidence of a real and existing risk — not a generalised claim of potential harm. Sacha will advise on what evidence is required and how to present it. Whether naming the defendant identifies the complainant. In family, domestic, or small-community matters, publication of the defendant's identity frequently identifies the complainant. Where that consequence is clear, it engages the s 103ZZN prohibition and provides a powerful ground under s 103ZZY(a). Sacha will assess this from the outset. The nature of the publication risk. The potential effect of publication in a rural or remote community is a factor the court must expressly consider under s 103ZZZ. Cairns is a regional city with a concentrated community — publication here has different consequences than publication in a capital city. Sacha will address this where it is relevant. Whether media opposition is anticipated. Accredited media entities are notified of every application and can appear and be heard. Where the matter has attracted public attention, or involves a public figure or prominent matter, the application is more contested and requires more substantial preparation. Timing. An application made before identifying details have been publicly reported is far more effective than one made after. Acting quickly matters. What Sacha Focuses On The prospects of a non-publication order depend entirely on the evidence and the grounds — not on the desire to avoid publicity. Sacha will assess the available grounds honestly at the first consultation. If the evidence does not meet the threshold, we tell you. If it does, we prepare the application properly. For applications likely to be uncontested, preparation focuses on the affidavit and the notice process. For applications where media opposition is anticipated or where the grounds are more complex, preparation includes an assessment of how the court is likely to approach each factor under s 103ZZZ, and how to address the primacy of open justice directly in the submission. Where the relationship between the parties means that defendant identification and complainant identification are linked, Sacha builds that connection into the application from the start — both as an independent ground under s 103ZZY(a) and as a factor informing the court's assessment under s 103ZZZ. Where the underlying criminal matter is also being handled by Sacha, the non-publication order application is coordinated with the broader criminal defence strategy from the outset.
Frequently Asked Questions
Can my name be published if I am charged with a sexual offence in Queensland? It depends on the charge. If you are charged with a prescribed sexual offence under Part 6C of the Evidence Act 1977 (Qld) — rape, attempt to commit rape, assault with intent to commit rape, or sexual assault under s 352 of the Criminal Code Act 1899 (Qld) — then yes, your identity can be published unless a non-publication order is in force. The previous automatic suppression of defendants' identities was removed in October 2023. You must now apply for protection if you want it. For other sexual offence charges, call Civic Law for advice specific to your charge. What is a non-publication order? A non-publication order under Part 6C of the Evidence Act 1977 (Qld) is a court order prohibiting publication of identifying matter relating to a defendant charged with a prescribed sexual offence. It applies until the defendant is committed for trial or sentence, sentenced on the charge, or the charge is withdrawn. What are the grounds for a non-publication order? Under s 103ZZY of the Evidence Act 1977 (Qld), the court may make a non-publication order if satisfied that the order is necessary to prevent prejudice to the proper administration of justice, necessary to prevent undue hardship or distress to a complainant or witness, or necessary to protect the safety of any person. Reputational damage and embarrassment are not sufficient grounds. What if naming me would also identify the complainant? This is an important and often overlooked ground. Where the complainant and defendant are related — as family members, former partners, or members of the same household — publication of the defendant's identity frequently identifies the complainant, which is itself prohibited under s 103ZZN of the Act. That consequence provides a direct and powerful ground for a non-publication order under s 103ZZY(a). Call Civic Law — this matters significantly to how the application is prepared. How quickly do I need to apply? As soon as possible after being charged. Once identifying details have been published publicly, a non-publication order cannot undo what has already circulated — it can only prevent further publication. Acting before any reporting occurs gives the application the best chance of being effective. What if I need protection urgently? An interim order can be sought under s 103ZZZA of the Evidence Act 1977 (Qld) without the court first determining the merits of the application. Where an interim order is made, the court must hear the substantive application within 72 hours where practicable. Sacha can prepare and appear on urgent applications. Call Civic Law directly. Can the media oppose the application? Yes. Accredited media entities are notified of every application under s 103ZZX and may appear and be heard at the hearing. Sacha will advise on whether media opposition is likely in your matter and prepare accordingly. What happens if someone breaches the order? Contravening a non-publication order or an interim order is a criminal offence under s 103ZZZC of the Evidence Act 1977 (Qld). The maximum penalty for an individual is 100 penalty units or 2 years' imprisonment. Reporting the breach to police or the court is the appropriate response. How much does a non-publication order application cost in Queensland? Civic Law charges $3,300 for applications that are likely to proceed without opposition, and $5,500 where media opposition is anticipated or the application is more complex. The fee is confirmed once Sacha has reviewed your circumstances. Call Civic Law first.