'Naming and Shaming' in Western Australia: Prohibited Behaviour Orders, Publicity and the Decline of Youth Anonymity

Abstract

The Western Australian Parliament has passed the Prohibited Behaviour Order Act 2010. This Act enables a court to prohibit a person aged 16 years or over who has been convicted of an offense with an anti-social element from engaging in otherwise lawful behaviour that the court regards likely to increase the chances that the person will commit a further such offense. The Act provides that details of the person and the order will be posted on a departmental website even in the case of the young and that anyone is free to republish that information. This paper reviews the traditional stance of the law relating to publication of child offending before discussing the pros and cons of how prohibited behaviour orders will affect this position.

Keywords: prohibited behaviour orders, publicity, shame, young people, anti-social behaviour, open justice

JEL Classification: K10, K14, K30