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 the court and the other eligible persons (the court then notifies accredited media), 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 — if an interim order is made, the court must then hear and decide the application as a matter of urgency and, where practicable, within 72 hours Advice on the terms of any order made, its duration, and what it prohibits The Law and What Changed Before 3 October 2023, the Criminal Law (Sexual Offences) Act 1978 (Qld) prevented any report of the committal proceedings for a prescribed sexual offence from revealing the defendant's name, address, school, place of employment or any other particular likely to identify them, unless the magistrate ordered otherwise for good and sufficient reason. That protection was removed by the Justice and Other Legislation Amendment Act 2023 (Qld). Since then, an adult 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), inserted by the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 (Qld). The Criminal Law (Sexual Offences) Act 1978 (Qld) has been repealed. An application made under it but not yet decided is treated as an application under Part 6C, and orders already made under it continue in force (ss 167–168). 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 (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 the offence. This applies to any sexual offence, not only prescribed sexual offences. 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, or a photograph or other image of the defendant or another person, that is likely to lead to the identification of the defendant as a person charged with a prescribed sexual offence. "Publication" includes reporting in newspapers, online publication, broadcast, and social media. A non-publication order applies to everyone, including the media (s 103ZZZC). 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 103ZZL, identifying matter in relation to a complainant includes "the name, address, place of employment or another particular of the complainant or another person that is likely to lead to the identification of the complainant as a victim of a sexual offence or an alleged sexual offence". 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. Where naming the defendant would identify the complainant, that link can be put to the court in support of the application, including under s 103ZZY(a) (prejudice to the proper administration of justice) and s 103ZZY(b) (undue hardship or distress to the complainant). It must be proved by evidence. 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 means the defendant, the complainant, or 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 The order must be necessary, not just desirable. In Lehrmann (below), Mr Lehrmann's counsel accepted that embarrassment, inconvenience, loss of reputation, or a belief that an order is necessary, is not enough. In Lehrmann v Queensland Police Service [2023] QSC 238, the magistrate refused an order sought on two grounds: prejudice to the proper administration of justice, and safety. The judicial review concerned only the safety ground. Mr Lehrmann gave no evidence himself. He relied on his solicitor's affidavit and a psychologist's report saying he remained "a high risk to himself". The Supreme Court dismissed his application for judicial review: it was open to the magistrate not to be satisfied that the order was necessary to protect his safety, and judicial review is not an appeal on the merits. ( Lehrmann was decided under the former Act, whose grounds were in the same words as s 103ZZY.) 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. Once an application is made, 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 and decide the application as a matter of urgency and, where practicable, within 72 hours. No right of appeal. There is no right of appeal against a decision to grant or refuse a non-publication order. If an order is made, the court can review it, on its own motion or on application by the applicant, an eligible person, an accredited media entity or a person with sufficient interest, and confirm, vary or revoke it (s 103ZZZB). A refusal can be challenged by judicial review in the Supreme Court, but judicial review is not an appeal on the merits and the bar 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, the court weighs the nature, imminence and likelihood of the harm. The risk need not be shown to be more likely than not, but a bare assertion in a report, without reasoned opinion, may carry little weight. Your lawyer 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 can support the application under s 103ZZY. Your lawyer 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. 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 likely to be 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 Your Lawyer 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, your lawyer builds that connection into the application from the start — it can support the application under s 103ZZY and inform the court's assessment under s 103ZZZ. Where the underlying criminal matter is also being handled by Civic Law, 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 as defined in 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 (Qld) — then yes, your identity can be published unless a non-publication order is in force. The previous automatic protection for defendants, which applied to reports of committal proceedings, was removed on 3 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. The order must be necessary, not just desirable. In Lehrmann v Queensland Police Service [2023] QSC 238, Mr Lehrmann's counsel accepted that embarrassment, inconvenience, loss of reputation, or a belief that an order is necessary, is not enough. What if naming me would also identify the complainant? This is an important consideration. 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 link can support an application under s 103ZZY, but it must be proved by evidence. 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 and decide the application as a matter of urgency and, where practicable, within 72 hours. We 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. Your lawyer 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.