Where a statutory prohibition on publication already exists (such as under the Children (Criminal Proceedings) Act 1987 (NSW), s 15A), a suppression order under the Court Suppression and Non-publication Orders Act 2010 (NSW), s 8(1)(a) is not 'necessary' to prevent prejudice to the proper administration of justice; the appropriate remedy for breach is prosecution under the existing statutory provision. Evidence of generalised threats on social media, without evidence of a real risk of physical harm, is insufficient to establish that a suppression order is 'necessary' to protect the safety of a person under s 8(1)(c). The term 'necessary' in s 8(1) means 'reasonably required or legally ancillary', not 'essential' (per Rothman J, with Meagher JA and Garling J not expressing a final view on this point).
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