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Open justice reforms approach final stages
Suppression and non-publication orders within NSW, particularly those that relate to closed-door hearings, may receive a complete overhaul at request of the Attorney-General but submissions arguing it one way or the other are still being requested.
Naomi Neilson
With just weeks left to review open justice laws, the Law Reform Commission (LRC) and Attorney-General Mark Speakman are encouraging media, legal practitioners, judicial officers and academics to “make their voices heard” by weighing in on whether the existing laws are overdue for several major reforms.
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“The report will consider whether our laws strike the right balance between protecting rights of victims and witnesses, privacy, confidentiality, national security on one hand and public interest in open justice on the other hand,” Mr Speakman said.
In February 2019, Mr Speakman asked the LRC to review the operation of suppression and non-publication orders, orders for closing hearings to the public and access to information in NSW courts and tribunals. The final report will determine the level and lifespan of transparency from courts in such matters moving forward.
The LRC previously reviewed similar issues in 2003, but Mr Speakman said the laws could use a new review given the development of smartphones and social media. Its current draft proposals already set out several provisions that are designed to inform modern legislation that is responsive to the largely digital era.
Promoting consistency in decision-making is another objective of the new laws, with LRC proposing changes that it contemplates will enhance protections for vulnerable groups while also empowering people to share their stories publicly.
“Open justice underpins our legal system, and any reforms must ensure the integrity of the courts while keeping pace with societal and technological changes,” Mr Speakman said.
