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Report No. 200

The Discussion Paper of the New South Wales Law Reform Commission (2000):

In the Discussion Paper, the following aspects are discussed - (i) the concept of open justice,

(ii) the qualifications to the principle of open justice, including hearings in camera, concealment of information from those present in Court, power to forbid publication of proceedings heard in open Court,

(iii) existing powers to suppress publication of proceedings in New South Wales including common law powers, statutory powers to issue suppression orders, legislative provisions with a prescription of nonpublication, legislative provisions with a broad discretion to impose suppression orders,

(iv) Suppression Orders in New South Wales under the headings:

issues and options, including the question of conferring general power on Courts to direct non-publication necessary for administration of justice, background (prejudice to a fair trial), specific statutory provisions in Australia, fair trial as an element of proper administration of justice, law reform options, the Commission's tentative view, a broad power and 'substantial risk', power to suppress names as well as evidence, power to apply to both civil and criminal proceedings, legislative provisions for standing and appeals.

The proposal 21 refers to the 'substantive risk of prejudice' principle with a further provision enabling the media to apply to the Court for variation or revocation of such an order, after hearing the applicant who obtained the suppression orders.

Trial by Media free speech and fair trial under Criminal Procedure Code, 1973 Back

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