The NSW Law Reform Commission (LRC) has begun a review of the laws governing information used in Courts to ensure a balance between the public’s right to open justice and individuals’ rights to privacy and confidentiality.
Announced by Attorney General Mark Speakman (pictured), theOpen Justice Review will place particular focus on the Court Suppression and Non Publication Orders Act 2010 and whether changes are needed to address the practical impact on Court operations of the uncommenced Court Information Act 2010.
“Justice should not only be done and, unless there’s good reason, should be seen to be done,” Mr Speakman said.
“Restrictions on publication may be necessary in sensitive cases, such as sexual assault proceedings, or where there is a risk that traumatised young victims might be identified,” he said.
“The review will look closely at a wide range of issues including suppression and non-publication orders and whether the media should be given greater access to court documents including statements of facts.”
He said the review will undertake public consultation, including with stakeholders from the media, judiciary and the legal profession.
The LRC has called for preliminary submissions from interested persons to help frame the issues that needed to be addressed in the consultations.
“Later in 2019, we will produce one or more consultation papers that ask about the issues identified by the terms of reference and any preliminary submissions we receive,” the LRC said.
The deadline for preliminary submissions is 31 May 2019 and the Terms of Reference of the review can be accessed at this PS News link.
Information about making a submission to the review can be found at this PS News Link.
