Not Seeing Justice Done: Suppression Orders in Australian Law and Practice

33 Pages Posted: 27 Nov 2007

See all articles by Andrew T. Kenyon

Andrew T. Kenyon

University of Melbourne Law School

Abstract

There are varied Australian approaches to suppression orders under common law and statute. This article outlines notable aspects of the law and examines concerns that have been raised by commentators about practices in Australia. Suppression or non-publication orders have been described as being made too frequently, especially outside the superior courts; their varied legal basis has been said to limit clear and comprehensive analysis by judges and lawyers; orders have been said to lack appropriate argument and reasons to support them; and their scope, precision and duration have been criticized. Existing Australian law and practice is used to evaluate reforms that came into force in April 2007 in South Australia. The reforms appear to be aimed at reducing the number of suppression orders and moving the law closer to the position that applies in most Australian jurisdictions. They offer an important opportunity for the development of suppression order law and practice within South Australia and elsewhere. Analyzing restrictions on publication also suggests there would be value in comparative and empirical research into suppression order practice for investigating what, if any, changes are warranted to the applicable law or court procedures.

Keywords: suppression orders, Australia

JEL Classification: K4

Suggested Citation

Kenyon, Andrew T., Not Seeing Justice Done: Suppression Orders in Australian Law and Practice. Adelaide Law Review, Forthcoming; U of Melbourne Legal Studies Research Paper No. 295. Available at SSRN: https://ssrn.com/abstract=1032736

Andrew T. Kenyon (Contact Author)

University of Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 9972 (Phone)
61 3 9348 0973 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/cmcl/

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