Evidence Act 1929

Where a court is satisfied that a suppression order should be made—

to prevent prejudice to the proper administration of justice; or

to prevent undue hardship—

to an alleged victim of crime; or

to a witness or potential witness in civil or criminal proceedings who is not a party to those proceedings; or

to a child, the court may, subject to this section, make such an order.

Without limiting subsection (1), a court may, subject to this section, make a suppression order in relation to evidence given by, or relating to, a defendant if—

the defendant asserts that an offence with which the defendant is charged occurred in circumstances of family violence; and

the evidence relates to those circumstances of family violence; and

the evidence is of a humiliating or degrading nature (whether to the defendant or another person).

If a court is considering whether to make a suppression order (other than an interim suppression order), the court—

must recognise that a primary objective in the administration of justice is to safeguard the public interest in open justice and the consequential right of the news media to publish information relating to court proceedings; and

may only make a suppression order if satisfied that special circumstances exist giving rise to a sufficiently serious threat of prejudice to the proper administration of justice, or undue hardship, to justify the making of the order in the particular case.

Where an application is made to a court for a suppression order, the court may, without inquiring into the merits of the application, make such an order (an interim suppression order) to have effect, subject to revocation by the court, until the application is determined; but if such an order is made the court must determine the application as a matter of urgency and, wherever practicable, within 72 hours after making the interim suppression order.

A suppression order may be made subject to such exceptions and conditions as the court thinks fit and specifies in the order.

Where an application is made to a court for a suppression order—

any of the following persons, namely:

the applicant for the suppression order;

a party to the proceedings in which the suppression order is sought;

a representative of a newspaper or a radio or television station;

any person who has, in the opinion of the court, a proper interest in the question of whether a suppression order should be made, is entitled to make submissions to the court on the application and may, with the permission of the court, call or give evidence in support of those submissions;

the court may (but is not obliged to) delay determining the application to make possible or facilitate non-party intervention in the proceedings under paragraph (a)(iii) or (iv).

A suppression order may be varied or revoked by the court by which it was made, on the application of any of the persons entitled to make submissions by virtue of subsection (5)(a).

On an application for the making, variation or revocation of a suppression order—

a matter of fact is sufficiently proved if proved on the balance of probabilities;

if there appears to be no serious dispute as to a particular matter of fact, the court (having regard to the desirability of dealing expeditiously with the application) may—

dispense with the taking of evidence on that matter; and

accept the relevant fact as proved.

If a court makes a suppression order, the court must—

as soon as reasonably practicable forward to the Registrar a copy of the order; and

except in the case of an interim suppression order—within 30 days, forward to the Attorney-General a report setting out—

the terms of the order; and

the name of any person whose name is suppressed from publication; and

a transcript or other record of any evidence suppressed from publication; and

full particulars of the reasons for which the order was made.

If a court orders the variation or revocation of a suppression order, the court must as soon as reasonably practicable forward a copy of the order to the Registrar.

The

will establish and maintain a register of all suppression orders; and

will, immediately after receiving a copy of a suppression order, or an order for the variation or revocation of a suppression order, enter the order in the register; and

will, when an order is entered in the register, immediately transmit by fax, email or other electronic means notice of the order to the nominated address of each authorised news media representative.

The register will be made available for inspection by members of the public free of charge during ordinary office hours.

Without limiting the ways in which notice of a suppression order, or an order varying or revoking a suppression order, may be given, the entry of such an order in the register is notice to the news media and the public generally (within and outside the State) of the making and terms of the order.

In this section—

who is nominated by a member of the news media to be the member's authorised representative for the purpose of receiving notices under subsection (10)(c);

who has given the Registrar a notice specifying the representative's nominated address for the receipt of notices under subsection (10)(c);

who has paid the relevant fee or fees (which may consist of, or include, periodic fees) fixed by the regulations;