LEGAL experts will be heading out to regional South Australia as they seek community comment on a review into South Australian suppression order laws.
South Australian Law Reform Institute (SALRI) will be reviewing how suppression orders are being used in South Australia and whether or not the laws around them need to be changed.
Suppression orders are made through the courts to restrict what information can be made public during trials for a range of reasons, including ensuring everyone is entitled to a fair trial or to protect the identity of victims.
SALRI director John Williams said suppression orders play a vital role in the legal system.
“Suppression orders are, in many cases, necessary to ensure the right to a fair trial and the proper administration of justice,” Prof Williams said.
“However, this must be weighed against the impact on open justice and, in turn, public confidence in the administration of justice.
“There are many competing interests across the different groups impacted by suppression orders, and we are inviting input from all sectors of the community as part of our review.”
As part of the review, SALRI has announced researchers will be headed to Mount Gambier and surrounds in August to get input from regional South Australians.
SALRI deputy director David Plater said he would encourage any interested party or individual to share their views.
“SALRI is committed to an impartial, active and inclusive process of gathering the views of people in Adelaide but especially in regional SA,” he said.
“Suppression orders affect accused persons, victims, witnesses, litigants, the courts, the legal profession, the media, and the community in unique ways, so we want to hear from people from a variety of backgrounds.
“We want to get an understanding of their views on the role and operation of suppression orders, the ways in which the present law and practice can be improved.”
According to the project’s lead researcher Jemma Holt, the review has come after record numbers of suppression orders were issued in the last few years.
“When compared to other states, suppression orders in South Australia are considered prevalent,” she said.
“In 2020-2021, 268 suppression orders were made in South Australia – the highest number in 20 years.
“This trend has continued, with 351 suppression orders made in 2021-22.
“Whilst a higher number of suppression orders itself is not necessarily problematic, it is difficult to assess without a comprehensive inquiry – our research intends to look beyond the numbers.”
SALRI researchers including Ms Holt and former chief judge of the District Court Geoff Muecke will be in Mount Gambier on August 3 until August 4.
For more information, visit law.adelaide.edu.au/research/south-australian-law-reform-institute
