Model provisions for suppression and non-publication orders.

Friday, 07 May 2010 12:44

Attorney-General, Robert McClelland, today welcomed the endorsement by the Standing Committee of Attorneys-General of model provisions for suppression and non-publication orders.

The model provisions deliver on the Government’s commitment to provide clear and consistent guidelines on the procedures and grounds for seeking suppression orders.

Importantly, the provisions will also provide a basis for nationally consistent laws in this area.

“There are circumstances where it is appropriate for a court to consider making orders to prevent publication of certain matters,” Mr McClelland said.

“However, these considerations must be balanced with the fundamental public interest in open justice. The model provisions establish an appropriate legal framework for undertaking this task.”

In addition, an online register will be established to improve the dissemination of information about suppression orders and provide for the distribution of details on a national scale.

It is anticipated that the register will be a national ‘first point of contact’ with courts and tribunals providing basic data about whether a suppression order has been made in a particular case and relevant contact information enabling interested parties to make further enquiries.

The Commonwealth is also exploring ways to provide more comprehensive information to journalists and other authorised users, including through a secure-closed access facility.

Today’s endorsement of the model provisions complements recent amendments to the Commonwealth Legal Services Directions to ensure Commonwealth agencies do not apply for suppression orders merely for the purpose of avoiding embarrassment to Government.