Court Suppression and Non-publication Orders Act

Articles Written by Kevin Lynch (Partner), Rani Wynn

NSW has become the first state to enact the Court Suppression and Non-publication Orders Act 2010 (the Act). The Act has replaced the sections of the civil and criminal procedure statutes that formerly deal with suppression orders, and has already been employed by media outlets making applications for a review of an Order.

According to the Standing Committee of Attorneys-General in May last year, uniform legislative instruments will be implemented across all Commonwealth jurisdictions.

According to the NSW Parliament, the Act authorises making a suppression or non-publication order (an Order) "for the purpose of preventing or restricting the publication or other disclosure of the identity of a party or witness to proceedings and their associates, or of evidence or information about evidence given in proceedings."

This is because the NSW Government considers that there will be some cases where it is necessary to suppress the identity of a person in order to protect the individual and "prevent prejudice to the proper administration of justice".

For more information you can read the act here.

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