Open Courts Bill 2013 - Justice Seen to be Done in Victoria

The Open Courts Bill 2013 (VIC) is a new bill currently being considered by the Legislative Assembly to reform and consolidate provisions for and powers relating to suppression orders and closed court orders, and, consequently to open up the legal system to further scrutiny in the provision of justice.

The purpose of the bill is to:

• reform and consolidate provisions for suppression orders relating to information derived from proceedings applicable to the Supreme Court, the County Court, the Magistrates' Court, the Coroners Court, the Victorian Civil and Administrative Tribunal and other prescribed courts and tribunals;

• reform and consolidate provisions for suppression orders relating to other information relevant to, but not derived from, certain proceedings in the County Court and the Magistrates' Court;

• make general provisions applicable to all suppression orders made pursuant to the exercise of the inherent jurisdiction of the Supreme Court and by courts or tribunals under this Act;

• reform and consolidate provisions for closed court orders applicable to the Supreme Court, the County Court, the Magistrates' Court, the Coroners Court, the Victorian Civil and Administrative Tribunal and other 15 prescribed courts and tribunals.

According to an article in The Conversation, much of the debate surrounding the bill is around the transparency needed in the justice system after several controversies in legal cases.

Those controversies involve claims that:

• suppression orders are being misused by some prominent identities;

• they are not viable in the age of the internet; and

• are overused or simply incompatible to the open justice ideal that is a cornerstone of a liberal-democratic state

The Victorian bill is important because it clearly articulates a presumption of open access by the public, consistent with traditional statements by courts that justice must be seen to be done.

The bill does not prohibit suppression orders and does not override the scope for courts to manage proceedings to protect people who are vulnerable. Instead, the bill instead offers a coherent framework that emphasises public access to proceedings, offering guidance to all courts, and by extension to journalists.

To read more about the particular cases of misuse of suppression orders, click here.

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