Question 1

Can my name be published if I am charged with a sexual offence in Queensland?

Accepted Answer

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.

Question 2

What is a non-publication order?

Accepted Answer

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 It applies until the defendant is committed for trial or sentence, sentenced on the charge, or the charge is withdrawn.

Question 3

What are the grounds for a non-publication order?

Accepted Answer

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.

Question 4

What if naming me would also identify the complainant?

Accepted Answer

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.

Question 5

How quickly do I need to apply?

Accepted Answer

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.

Question 6

What if I need protection urgently?

Accepted Answer

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.

Question 7

Can the media oppose the application?

Accepted Answer

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.

Question 8

What happens if someone breaches the order?

Accepted Answer

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.

Question 9

How much does a non-publication order application cost in Queensland?

Accepted Answer

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.

Non-Publication Order Lawyer Cairns — Fixed Fee

What Is Included

What a Non-Publication Order Does

Who Can Apply

Frequently Asked Questions