Why you can’t know the name yet of Trinity College staff member charged with child sexual offences

The identity of a private school staff member charged with child sexual offences is legally censored but here’s when you’ll be able to know.

An Adelaide private school staff member has been arrested and charged with child sexual offences but you can’t know his name yet.

Under Section 71a of the Evidence Act, the identities of persons accused of sexual crimes cannot be published until the conclusion of their first appearance in court – a point in time known as “the relevant date”.

Because the former Trinity College teacher has yet to face court for the first time, his case has not yet reached the “relevant date” and so his identity cannot be published.

It is an offence for any media organisation to breach this order, with the maximum penalty $10,000 for individuals and $120,000 for corporations.

Trinity College told parents on Tuesday that a current staff member was arrested and charged with historical child sexual offences.

Trinity College principal Nick Hately informed parents via a letter of the charges.

A South Australian Police spokeswoman confirmed the staff member is a male who was arrested and charged on May 31.

In a letter seen by The Advertiser, head of the college Nick Hately detailed the school was notified by police on Tuesday and the alleged offences occurred while the staff member was at a different school “over a decade ago”.

“The individual concerned has been suspended from duty and is not permitted to enter Trinity College or any other location associated with our college,” Mr Hately wrote.

“I can confirm that the charges do not relate to any student currently or previously enrolled at Trinity College.

“The police have advised that there is no need for any concern for students at the college.

“I am unable to name the individual concerned as I am restricted by law from disclosing their identity.

“However, it is also important to note that these allegations are yet to be proven in a court of law and the individual is entitled to the presumption of innocence until such time the allegations are proven.”

The man was bailed to appear in the Mount Barker Magistrates Court on July 24.

This means media organisations will be able to name him after the conclusion of his first appearance, unless his counsel or prosecution apply for a suppression order on his name.

Media are entitled to make submissions to the court on the application but it is ultimately up to the sitting magistrate whether the suppression order will be granted.

The court must be satisfied that the order should be made to prevent prejudice to the proper administration of justice or undue hardship to an alleged victim, a potential witness or child.

When considering making such an order, the court must recognise the public interest in open justice and the right of the media to publish information relating to court proceedings.

A suppression order may be varied or revoked by the court at any time.

Prior to March 2020, the law banned publication of alleged offenders’ identities until after they had entered pleas – meaning some people went unnamed for months or even years.

Those laws were changed, with bipartisan parliamentary support, after an 18-year campaign by The Advertiser and victims’ rights advocates.

Section 71a still confers automatic anonymity upon alleged victims of sexual offending, and their identities can never be reported unless they give consent to being publicly named.

If publishing an accused offender’s name could cause an alleged victim’s name to become known to the public, then no identifying information can be published.

Mr Hately told The Advertiser the employee had a clear Working With Children check when the school employed him.

Trinity College has six campuses, from early years to Year 12 in Evanston South, Roseworthy, Gawler, Blakeview and Angle Vale.