Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to confer on courts the power to make suppression orders
(which prohibit or restrict the disclosure of information) and non-publication orders
(which prohibit or restrict the publication of information) in civil or criminal
proceedings.

The Bill authorises the making of these orders for the purpose of preventing or
restricting the publication or other disclosure of the identity of a party or witness to
proceedings and their associates, or of evidence or information about evidence given
in proceedings.

The Bill specifies the grounds on which such an order can be made.

The Bill also repeals certain provisions of other laws that confer powers on courts to
make suppression and non-publication orders.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

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Explanatory note page 2

Court Suppression and Non-publication Orders Bill 2010
Explanatory note
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Clause 3 contains definitions for the purposes of the proposed Act.

The definition of court limits the application of the proposed Act to the Supreme
Court, Land and Environment Court, Industrial Court, District Court, Local Court,
Children's Court and any court, tribunal, person or body that has the power to act
judicially and is prescribed by the regulations as a court for the purposes of the
proposed Act.

The definition of proceedings includes both civil and criminal proceedings within
the scope of the proposed Act.

Clause 4 provides that the proposed Act does not limit or otherwise affect a court's
inherent jurisdiction to regulate its proceedings or to deal with contempt of the court.

Clause 5 provides that the proposed Act does not affect the operation of a provision
of any other Act that directly prohibits or restricts the publication or disclosure of
information in connection with proceedings or that authorises a court to do so.

Part 2 Suppression and non-publication orders
Clause 6 provides that, when making a suppression or non-publication order, a court
must take into account that a primary objective of the administration of justice is to
safeguard the public interest in open justice.

Clause 7 confers on a court the power to make a suppression or non-publication
order on the grounds permitted by the proposed Act in respect of information tending
to reveal the identity of or otherwise concerning any party or witness to proceedings
and information that comprises evidence or information about evidence in
proceedings.

Clause 8 provides for the grounds on which a court may make a suppression or
non-publication order.

Clause 9 provides for the procedure by which a court may make a suppression or
non-publication order, including identifying the persons who are entitled to make an
application for such an order, the persons who are entitled to appear and be heard by
a court on such an application, when such an order may be made and that an order
may be subject to certain conditions or exceptions and must specify certain
information.

Clause 10 provides that a court may make an interim suppression or non-publication
order in certain situations without determining the merits of the application until the
application is determined.

Clause 11 provides for the circumstances in which a suppression or non-publication
order may apply outside New South Wales. In order for a court to make an order
apply outside of New South Wales, it must be satisfied that such a course of action
is necessary for achieving the purpose for which the order has been made.

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Explanatory note page 3

Court Suppression and Non-publication Orders Bill 2010
Explanatory note
Clause 12 makes provision in relation to the duration of a suppression or
non-publication order.

Clause 13 provides that a court may review a suppression or non-publication order
made by that court on its own initiative or on the application of a person, outlines the
persons entitled to apply for such a review and allows a court to confirm, vary or
revoke such an order.

Clause 14 sets out the procedure for appeal against either a decision of a court to
make or not to make a suppression or non-publication order or a decision of a court
in relation to a review of such an order.

Clause 15 provides for an exception to a suppression order made by a court for court
officials in circumstances where the disclosure is not by publication and is in the
course of the performance by that officer of functions or duties or in exercising
powers in a public official capacity in connection with the conduct of proceedings,
the recovery or enforcement of a penalty imposed in proceedings, or in compliance
with any procedure adopted by a court.

Clause 16 provides for the circumstances in which a person commits an offence
under the proposed Act in relation to a contravention of a suppression or
non-publication order.

Part 3 General
Clause 17 provides that proceedings for an offence under the proposed Act are to be
determined summarily either by the Local Court (which may only impose a
maximum monetary penalty of 100 penalty units for an individual or
500 penalty units for a body corporate) or the Supreme Court in its summary
jurisdiction.

Clause 18 provides a general regulation-making power.

Schedule 1 Savings, transitional and other
provisions
Schedule 1 enacts a savings and transitional regulation-making power and a
transitional provision to continue the operation of the provisions repealed by
Schedule 2 in respect of orders and directions made under those provisions before
their repeal.

Schedule 2 Amendment of Acts
Schedule 2 repeals existing provisions in various Acts that currently confer on courts
the power to make suppression and non-publication orders.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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