The Criminal Bar Association is extremely concerned by recent reporting concerning the circumstances in which suppression orders are made in this State. As the heads of the Victorian Court have pointed out, some of that reporting has been founded upon factually unfounded assertions.

Our modern democracy is founded upon the principle that parliament makes laws, which are faithfully applied by Courts. That is what occurs, day in and day out, in our justice system. 

In the Open Courts Act 2013, the parliament has identified the circumstances in which information in relation to court cases may, or may not, be published. In that Act, parliament has indicated that there are some circumstances in which Courts ought restrict the publication of court hearings. One such circumstance is where a restriction is necessary to protect the safety of a person. For the courts to make orders where that is demonstrated to be the case is nothing more or less than the courts giving effect to the laws that have been made by parliament.

Strikingly absent from the recent media reporting are some important features of the Open Courts Act. Media organisations are given advance notice of every application for a suppression order. The media have the right to oppose any such application, and to challenge any evidence that is relied upon. Media organisations can also seek to have orders made reviewed or appealed to a higher court.

In recent years, courts have taken significant steps to facilitate media reporting, particularly of criminal cases. Victorian Courts have media liaison teams to assist media to access information. Victorian Courts make livestreams of the various Victorian courts available to journalists, so that they are able to report cases throughout the state, without even leaving their office. In some significant cases, courts have provided transcripts to journalists. All of this facilitates – and is designed to facilitate – the work of the media in fairly reporting on the work of the courts. 

No legitimate criticism can be made of the courts in their application of the Open Courts Act.

Chris Carr SC
Chair
Criminal Bar Association