Section 114S — Family Law Act 1975 (Cth)

(1) For the purposes of paragraph 114Q(1)(a) and subsection 114R(1), a communication to a person or body is not a communication to the public if:

(a) the person or body has a significant and legitimate interest in the subject matter of the communication; and

(b) that interest is substantially greater than, or different from, the interests of members of the public generally.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

(2) Without limiting subsection (1), none of the following is a communication to the public:

(a) a private communication between a party to proceedings and one or more persons who are members of the party’s family or friends of the party;

(b) a communication of a pleading, transcript of evidence, or other document for use in connection with any of the following proceedings, to a person concerned in those proceedings:

(i) proceedings in a court;

(ii) proceedings before an officer of a court investigating or dealing with a matter in accordance with this Act, the regulations or the applicable Rules of Court;

(iii) proceedings in a tribunal established by or under a law of the Commonwealth or of a State or Territory;

(c) a communication of a pleading, transcript of evidence, or other document, to a prescribed authority of a State or Territory that has responsibilities relating to the welfare of children;

(d) a communication of a pleading, transcript of evidence, or other document, to:

(i) a body that is responsible for disciplining members of a profession in a State or Territory; or

(ii) a person concerned in disciplinary proceedings against a member of a profession in a State or Territory (being proceedings before a body that is responsible for disciplining members of that profession in that State or Territory);

(e) a communication of a pleading, transcript of evidence, or other document, to a body that grants assistance by way of legal aid for the purpose of facilitating a decision as to whether assistance by way of legal aid should be granted, continued or provided in a particular case;

(f) a communication of material intended primarily for use by the members of any profession (being part of a series of law reports or any other publication of a technical character);

(g) a communication of an account of proceedings to a member of a profession in connection with:

(i) the person’s practice of that profession; or

(ii) any form of professional training in which that person is involved;

(h) a communication of an account of proceedings to a student in connection with the student’s studies.

Related sections

• s 114P — Meaning of terms used in this Part
• s 114Q — Indictable offence—communication to the public of account of proceedings that identifies parties or others involved in proceedings
• s 114R — Indictable offence—communication to the public of list of court etc. proceedings that refers to names of parties
• s 114T — Consent of Director of Prosecutions required to commence proceedings
• s 114UA — Definitions
• s 114UB — Costs orders—general

Research how courts apply s 114S

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.