The Open Courts Act 2013 commenced on 1 December 2013.
This Act introduces a number of changes to the way the Court deals with applications for suppression orders and closed court orders, including the requirement for notice to be provided to the Court and to the relevant parties of an application for suppression order (s10).
To support the implementation of these changes, the Court Rules have been amended to prescribe the appropriate form to be used when applying for a suppression order and/or applying to review a suppression order.
The Magistrates' Court (Chapters I and III Open Couirts Amendment) Rules 2013 commence on Monday 9 December 2013.
Please note the processes below for making an application under the Open Courts Act 2013.
Notice of Application for Suppression Order
- When a relevant party wishes to apply for a suppression order, they must give three (3) business days’ notice to the Court and the parties to the proceeding in accordance with section 10 of the Act.
- This notice must be filed with the Court using the ‘Notice of Application for Suppression Order’ form. The registrar will issue the notice (and list it for a hearing date). The applicant must then provide the notice to the other relevant parties as directed by the Act.
- The Court will take all reasonable steps to notify the relevant news media organisations of the application and when it is listed. This notice will be provided electronically, to the nominated email addresses of the relevant news media organisations.
Application to Review a Suppression Order
A party or any person pursuant to section 15(1)(b) of the Act can seek a review of a suppression order. This application must be filed with the Court using the ‘Application to Review a Suppression Order’ form.
The registrar will issue the application and list it for a hearing date suitable to the Court.
The forms can be found on our website here.
Please go to our legislation page for a link to the Open Courts Act 2013.