Victorian Current Acts Victorian Current Acts(1) The court or tribunal that made a suppression order may review the order—
(a) on the court's or tribunal's own motion; or
(b) on the application of—
(i) the applicant for the order;
S. 15(1)(b)(ii) amended by No. 11/2019 s. 10(1).
(ii) a party to the proceeding in connection with which the order was made, including in any criminal proceeding involving a sexual offence or a family violence offence, a victim or an alleged victim of that offence;
(iii) the Attorney-General;
S. 15(1)(b)(iv) amended by No. 11/2019 s. 10(2).
(iv) the Attorney-General of another State or a Territory or of the Commonwealth;
(v) a news media organisation;
(vi) any other person who, in the opinion of the court or tribunal, has a sufficient interest in the question of whether the order should be confirmed, varied or revoked.
S. 15(1A) inserted by No. 11/2019 s. 10(3).
(1A) A court or tribunal hearing an appeal from a proceeding in which a suppression order has been made which has continued to operate pursuant to section 12(3A) may review the order—
(a) on the court's or tribunal's own motion; or
(b) on the application of—
(i) the person who was the applicant for the order in the proceeding which is the subject of the appeal;
(ii) any other party to the proceeding which is the subject of the appeal in connection with which the order was made;
(iii) in any criminal proceeding involving a sexual offence or a family violence offence, a victim or an alleged victim of that offence;
(iv) the Attorney-General;
(v) the Attorney-General of another State or a Territory or of the Commonwealth;
(vi) a news media organisation;
(vii) any other person who, in the opinion of the court or tribunal, has a sufficient interest in the question of whether the order should be confirmed, varied or revoked.
S. 15(1B) inserted by No. 11/2019 s. 10(3).
(1B) Subject to subsection (1C), in reviewing an order under subsection (1) or (1A), the court or tribunal must make an order revoking the suppression order which is the subject of the review if—
(a) unless the review is on the court's or tribunal's own motion, the application for review is made by a party who is a victim or an alleged victim of an offence involving a sexual offence or a family violence offence; and
(b) the court or tribunal is satisfied that the party—
(i) gives permission to that disclosure; and
(ii) is 18 years of age or over; and
(c) it is otherwise appropriate in all the circumstances for the order to be revoked.
S. 15(1C) inserted by No. 11/2019 s. 10(3).
(1C) A court must not revoke a suppression order under subsection (1B) if the revocation of the order would result in the disclosure of the identity of any person against whom a sexual offence or family violence offence was allegedly committed and that was dealt with in the same proceeding—
(a) who does not give permission to that disclosure; or
(b) who is under 18 years of age; or
(c) if it is not appropriate in all the circumstances for the identity to be disclosed.
S. 15(2) amended by No. 11/2019 s. 10(4).
(2) Each of the persons specified in subsection (1)(b) or (1A)(b) is entitled to appear and be heard by the court or tribunal on the review of a suppression order.
S. 15(3) amended by No. 11/2019 s. 10(5).
(3) On a review under subsection (1) or (1A), the court or tribunal—
(a) may confirm, vary or revoke the suppression order; and
S. 15(3)(b) amended by No. 11/2019 s. 10(6).
(b) in addition, may make any other order that the court or tribunal may make under this Act including, in the case of a review under subsection (1A), any order that the court or tribunal which made the suppression order could have made.
S. 16 amended by No. 11/2019 s. 11.