After extensive consultation, including a visit to Mount Gambier/ Berrin, the South Australian Law Reform Institute (SALRI) has found suppression orders do not need major reform.
In August 2023 SALRI hosted a community drop in session to discover the regions views on laws surrounding suppression orders and whether or not changes needed to be made.
Their official findings were released on May 2, which showed their use could be improved, but no reform was necessary.
SALRI deputy director David Plater said there was a strong premise behind open justice and transparency in court, but recognition it could not be an absolute rule.
“SALRI’s research and consultation highlights that open justice must be carefully qualified in some circumstances such as to protect an accused’s right to a fair trial and to protect parties like children or victims of sexual abuse or domestic violence,” he said.
The report outlined 17 recommendations and lead researcher and author Jemma Holt said most were simple or discrete.
“SALRI proposes simple changes to terminology and record keeping practices which are key to dispelling misconceptions about suppression orders,” she said.
“This is in line with other states and reflects the fact that these orders don’t actually prohibit the disclosure of information, but rather the publication of information.
“SALRI recommends discrete changes to laws and surrounding administration practices as opposed to substantive changes.”
Proposed changes target demonstrated issues with suppression orders in practice, including greater protection for children and youths accused of crime, clearer enforcement and holding website administrators liable for content published by third parties in appropriate cases.
The recommendations aimed at the courts focus on better record keeping, improved administration practices, and the introduction of a courts media accreditation scheme.
