South Australian Current Acts South Australian Current Acts (1) Where a court is
satisfied that a suppression order should be made—
(a) to
prevent prejudice to the proper administration of justice; or
(b) to
prevent undue hardship—
(i)
to an alleged victim of crime; or
(ii)
to a witness or potential witness in civil or
criminal proceedings who is not a party to those proceedings; or
(iii)
to a child,
the court may, subject to this section, make such an order.
(1a) Without limiting
subsection (1), a court may, subject to this section, make a suppression
order in relation to evidence given by, or relating to, a defendant if—
(a) the
defendant asserts that an offence with which the defendant is charged occurred
in circumstances of family violence; and
(b) the
evidence relates to those circumstances of family violence; and
(c) the
evidence is of a humiliating or degrading nature (whether to the defendant or
another person).
(2) If a court is
considering whether to make a suppression order (other than an
interim suppression order), the court—
(a) must
recognise that a primary objective in the administration of justice is to
safeguard the public interest in open justice and the consequential right of
the news media to publish information relating to court proceedings; and
(b) may
only make a suppression order if satisfied that special circumstances exist
giving rise to a sufficiently serious threat of prejudice to the proper
administration of justice, or undue hardship, to justify the making of the
order in the particular case.
(3) Where an
application is made to a court for a suppression order, the court may, without
inquiring into the merits of the application, make such an order (an
"interim suppression order") to have effect, subject to revocation by the
court, until the application is determined; but if such an order is made the
court must determine the application as a matter of urgency and, wherever
practicable, within 72 hours after making the interim suppression order.
(4) A suppression
order may be made subject to such exceptions and conditions as the court
thinks fit and specifies in the order.
(5) Where an
application is made to a court for a suppression order—
(a) any
of the following persons, namely:
(i)
the applicant for the suppression order;
(ii)
a party to the proceedings in which the suppression order
is sought;
(iii)
a representative of a newspaper or a radio or television
station;
(iv)
any person who has, in the opinion of the court, a proper
interest in the question of whether a suppression order should be made,
is entitled to make submissions to the court on the application and may, with
the permission of the court, call or give evidence in support of those
submissions;
(b) the
court may (but is not obliged to) delay determining the application to make
possible or facilitate non-party intervention in the proceedings under
paragraph (a)(iii) or (iv).
(6) A suppression
order may be varied or revoked by the court by which it was made, on the
application of any of the persons entitled to make submissions by virtue of
subsection (5)(a).
(7) On an application
for the making, variation or revocation of a suppression order—
(a) a
matter of fact is sufficiently proved if proved on the balance of
probabilities;
(b) if
there appears to be no serious dispute as to a particular matter of fact, the
court (having regard to the desirability of dealing expeditiously with the
application) may—
(i)
dispense with the taking of evidence on that matter; and
(ii)
accept the relevant fact as proved.
(8) If a court makes a
suppression order, the court must—
(a) as
soon as reasonably practicable forward to the Registrar a copy of the order;
and
(b)
except in the case of an interim suppression
order—within 30 days, forward to the Attorney-General a report
setting out—
(i)
the terms of the order; and
(ii)
the name of any person whose name is suppressed from
publication; and
(iii)
a transcript or other record of any evidence suppressed
from publication; and
(iv)
full particulars of the reasons for which the order was
made.
(9) If a court orders
the variation or revocation of a suppression order, the court must as soon as
reasonably practicable forward a copy of the order to the Registrar.
(10) The
Registrar—
(a) will
establish and maintain a register of all suppression orders; and
(b)
will, immediately after receiving a copy of a suppression order, or an order
for the variation or revocation of a suppression order, enter the order in the
register; and
(c)
will, when an order is entered in the register, immediately transmit by fax,
email or other electronic means notice of the order to the nominated address
of each authorised news media representative.
(11) The register will
be made available for inspection by members of the public free of charge
during ordinary office hours.
(12) Without limiting
the ways in which notice of a suppression order, or an order varying or
revoking a suppression order, may be given, the entry of such an order in the
register is notice to the news media and the public generally (within and
outside the State) of the making and terms of the order.
(13) In this
section—
"authorised news media representative" means a person—
(a) who
is nominated by a member of the news media to be the member's authorised
representative for the purpose of receiving notices under
subsection (10)(c); and
(b) who
has given the Registrar a notice specifying the representative's
nominated address for the receipt of notices under subsection (10)(c);
and
(c) who
has paid the relevant fee or fees (which may consist of, or include, periodic
fees) fixed by the regulations;
"nominated address" of a nominated representative means the fax number, email
address or other address for the receipt of electronic communications
nominated by the representative as the address to which notices may be sent to
the representative by the Registrar under subsection (10)(c);
"Registrar" means a person to whom the functions of the Registrar under this
section are assigned by the Attorney-General.