Non-publication and suppression orders / The Hon Justice Peter Applegarth AM.

Brisbane : Supreme Court Library Queensland, 2024.

201767

Conduct of court proceedings -- Australia.

Justice -- Australia.

Speeches, addresses, etc.

This is a complex topic. I cannot do it justice in a short talk. First, I will discuss the principle of open justice, and attempt to position non-publication orders in that context. I will touch briefly on non-publication orders in bail cases and the recently enacted provisions of the Criminal Law (Sexual Offences) Act 1978 that permit an application for a non-publication order. Time permitting, I will touch on some common areas in which non-publication orders or pseudonym orders arise. One area is the identity of informants. And I hope to address some practical matters about the right of media organisations to be heard and to challenge non-publication orders, some problems with formulating a non-publication order, and the process by which the making of a non-publication order is made known to the media. That confronts the complex issue in an age of social media about who “the media” is and how courts deal with legacy and new media.

Includes bibliographical references

Open Access

The Hon Justice Peter Applegarth AM speech delivered at the Queensland Magistrates' State Conference 2024, Friday 24 May 2024.

1 online resource (17 pages) : PDF, 355 KB