An appeal under s 14 of the Court Suppression and Non-publication Orders Act 2010 (NSW) is a hearing de novo, not a review for error. 'Necessary' in s 8(1)(c) requires more than that the order is convenient, reasonable or sensible. The Court identified but left open whether s 8(1)(c) requires proof on the balance of probabilities that harm would occur absent the order, or whether it suffices that the order is necessary to protect safety where there is a risk of harm informed by its nature, imminence and degree of likelihood. Utility of the proposed order and the existence of prior publicity are relevant considerations.
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