When exercising the discretion under s 93.2 of the Criminal Code 1995 (Cth) or s 85B of the Crimes Act 1914 (Cth) to close the court, the court must determine whether the relevant security interest is present and then balance that interest against the principles of open justice and the accused's right to a fair trial. The release of edited transcripts and appropriate jury directions are relevant factors that may ameliorate the derogation from open justice. Non-publication orders alone may be insufficient where the court remains open, because persons the Commonwealth would not want to have access to the information could obtain and misuse it.
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