Andrews vows to implement suppression order overhaul this term
The recommendations of an independent review into the state’s suppression orders will be fully implemented in this term of government, Premier Daniel Andrews says.
A year-long review of Victoria’s 2013 Open Courts Act by retired judge Frank Vincent called into question the function and efficacy of suppression orders in an internet age. So far, none of the 18 recommendations have been implemented.
“This [report] was commissioned by us, it will be delivered by us, but it will take some time,” Mr Andrews said.
“No one should underestimate our absolute resolve to deliver on the findings of the recommendations that were made by former Justice Vincent, accepted by our government, work began in the last term, and it will be completed in this term.”
Justice Vincent handed down his report in September 2017, with the Andrews government responding in March this year.
In his report, Justice Vincent said even if media organisations were gagged, nothing could prevent cases from being canvassed on social media, blogs and myriad other channels.
Justice Vincent found that of the 1594 orders made between 2014 and 2016, 22 per cent were blanket bans that either failed to say what was being suppressed or simply stated that the "whole or any part of the proceeding" could be not be reported. A further 12 per cent did not give any grounds at all.
A “real-world” approach was required by judges imposing gag orders, Justice Vincent said in his report.
Despite this, and the principles of transparent justice enshrined in the Open Courts Act, Victorian judges were “troublingly” issuing as many suppression orders as they ever were.
Australian media has been prevented from reporting on the conviction of a very high-profile figure, including their identity and the nature of the charges.
The suppression order was imposed after the court accepted that knowledge of the person’s identity in the first trial might prejudice a further trial being heldnext year.
But in this instance, the details have been heavily reported on by international media outlets and shared widely on social media.
Mr Andrews said while he couldn’t comment on this high-profile case, his commitment to implement the recommendations of the Vincent Report was the “clearest indication” of his views on suppression orders.
“I would simply say that this is a deeply emotional matter … [but] I’m not able to speak about it as much as I’d like to,” he said.
with Patrick O'Neil and Michael Bachelard