New law to strengthen open justice begins tomorrow

New legislation that comes into operation tomorrow will strengthen and promote open justice in Victoria’s courts.

Attorney-General Robert Clark said the legislation establishes a clear presumption in favour of the free reporting of court proceedings and holding hearings in public.

“Open justice demonstrates publicly that laws are being applied and enforced fairly and effectively,” Mr Clark said.

“Restrictions on publishing information before the courts should only be imposed where there is a very good reason and should be limited to a clear and specific purpose.”

Under the new legislation:
•suppression orders under courts’ general statutory power can only be made in specified limited circumstances where there is a strong and valid reason for doing so;
•the court must be satisfied on the basis of sufficient credible information that the grounds for making a suppression order are established;
•the type of information to which an order relates must be specified in the order and must be no more than is necessary to achieve the purpose of the order;
•orders must have a clear limit on their duration and cannot apply indefinitely; and
•parties seeking a suppression order are required to give advance notice unless there is a good reason for not doing so.

Orders restricting the reporting of court proceedings under the legislation will generally only be able to be made where it is necessary to:
•prevent a real and substantial prejudice to the proper administration of justice that cannot be prevented by other means;
•prevent prejudice to national or international security;
•protect the safety of any person;
•avoid undue distress or embarrassment to a complainant or witness in criminal proceedings involving a sexual offence or family violence; or
•avoid undue distress or embarrassment to a child who is a witness in a criminal proceeding.

Media organisations and other relevant persons will have an express statutory right to seek a review of orders. This will ensure that the media and all interested parties can have their say on whether an order should be varied, revoked or renewed.

The legislation preserves specific statutory regimes that prevent publication or provide for the making of suppression orders where considerations other than those in the legislation are relevant, such as regarding serious sex offenders, child protection proceedings and other Children’s Court matters and the identification of victims of sexual offences.

The legislation also preserves the existing grounds for VCAT and the Coroners Court to make suppression orders, reflecting the unique nature of those jurisdictions.

“By setting out clear rules and guidelines for the making of suppression orders, these laws will make the process easier to understand and ensure that orders will only apply while they are needed,” Mr Clark said.

“This legislation is another significant step in the Coalition Government’s reforms to strengthen Victoria’s justice system.”