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Victoria to see vast changes to suppression orders
The first stage of a “suppression order overhaul” has kicked off in Victoria, with new reforms set to impact victims of sexual or family violence offences.
Emma Musgrave
Source: www.parliament.vic.gov.au
Earlier this week the Andrews Labor government declared that it has re-introduced the Open Courts and Other Acts Amendment Bill 2019, which seeks to amend existing laws “to reinforce the presumption in favour of open justice and the disclosure of information in Victorian courts”.
Further, courts will have to give reasons for making suppression orders, outlining the basis on which it is made, its duration, and the scope of information it covers.
In terms of victims, each individual will be able to apply for court orders which wouldenable them to have their identities published if they are aged 18, provide their consent and – if there are no other reasons why the information should not be published – a statement from Attorney-General Jill Hennessy explained.
“Existing laws that prevent the publication of prior youth convictions will also be amended to allow the County and Supreme Courts to publish relevant convictions in the sentencing remarks of adult offenders,” the statement added.
“Judges will have the discretion to include a person’s juvenile convictions if they are sufficiently similar to the offences for which the person is being sentenced. In applying discretion, judges must take into account the person’s criminal history and chances of rehabilitation.”
According to the A-G, the bill is the first stage of the Labor government’s response to the recommendations of former Court of Appeal judge Frank Vincent AO QC in his independent review of the Open Courts Act 2013.
“Open justice is a fundamental principle of our legal system and essential to public confidence – that’s why we’re pursuing reforms to make our courts more open and transparent,” she said.
“This bill makes it clear that suppression and closed court orders must be exceptions to the principle of open justice and should only be made when absolutely necessary.
“This bill will also help to ensure that victims can tell their stories publicly, without fear of prosecution.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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