The Supreme Court of Victoria has inherent supervisory jurisdiction under s 85 of the Constitution Act 1975 to vary or revoke suppression orders made by the Magistrates' Court or County Court, whether made before or after the Open Courts Act 2013. Pre-2013 suppression orders made by inferior courts are not 'proceeding suppression orders' under the Open Courts Act and cannot be reviewed under s 15(1) of that Act by the courts that made them. The party seeking to preserve an existing suppression order bears the onus of demonstrating that the order remains necessary for one of the purposes in s 18(1) of the Open Courts Act.
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