On review of a suppression order under s 15 of the Open Courts Act 2013 (Vic), the same test of necessity applies as on the initial application, with the burden on those seeking continuation to establish that the order remains necessary under s 18. The safety necessity under s 18(1)(c) is established where the court is satisfied of a possibility of harm of such gravity and likelihood that without the order the risk would range above an acceptable level. The prohibition on disclosure in s 10(5) of the Witness Protection Act 1991 does not constitute a reasonable excuse for refusing to provide information to a Royal Commission under s 34 of the Inquiries Act 2014, and the protections of the Witness Protection Act should only be broadly abrogated where there is a compelling justification.
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