Goodbye job applications, hello dream career
Seize control of your career and design the future you deserve with LW career

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.

user iconEmma Musgrave 21 February 2019 Politics
Jill Hennessy

Source: www.parliament.vic.gov.au

expand image

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”.

Among others, the bill requires that suppression and closed court orders only be used when necessary, such as where publication of information would be unfair, or risk harming victims or other parties.

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.

Advertisement
Advertisement

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published if they are aged 18, provide their consent and – if there are no other reasons why the information should not be published – a statement from Attorney-General Jill Hennessy explained.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.”

 

You need to be a member to post comments. Become a member for free today!