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Legislative Assembly
 
OPEN COURTS AND OTHER ACTS AMENDMENT BILL 2019

20 March 2019
Second reading
Frank McGuire  (ALP)

 


Mr McGUIRE (Broadmeadows) (12:57:06): What this bill does is rebalance issues concerning suppression orders. We had a situation in Victoria where the rate of suppression orders became unprecedented. There were almost 1600 suppression orders in three years. One of the key arguments from the media was that insufficient explanation was provided as to why these suppression orders were being put in place and what was actually happening in our court system. The Herald Sun, in an editorial of March last year under the headline 'Court secrecy must stop’, went to a critical point about balance, and I quote: In a digital age where information spreads quickly and widely, the reporting of certain information which could prejudice a jury does need to be restricted. But the professional media’s reporting requirements and contempt laws have long-established principles regulating reporting. Suppression orders are often superfluous. I think this goes to the heart of the matter: the tension between the public’s right to know and what the courts are looking to do to protect critical cases and to make sure that cases in the future are not prejudiced. The Victorian government engaged the eminent Frank Vincent to conduct an inquiry and to weigh and measure these issues. Frank is a former Supreme Court justice, and I have acknowledged across three parliaments now the length of his work and his distinguished career as a jurist. I also want to acknowledge the balance that he has been able to deliver in the advice he has provided to the Andrews Labor government and this Parliament on this inquiry and also, to go back to the 57th Parliament, all the work that he did with the Betrayal of Trust inquiry and investigation into child sexual abuse, which of course ended with a bipartisan report from this Parliament and with recommendations taken up across three parliaments now. The admissions that were obtained during that investigation also were of significance in the subsequent royal commission into all of those matters. I just want to put on record the debt that I think we owe for having someone of Frank’s long, distinguished knowledge as a key adviser to all concerns right across the political spectrum and both houses in this Parliament and for all that has consequently meant. Sitting suspended 1.00 p.m. until 2.02 p.m. Business interrupted under sessional orders.