{"id":"nsw:act-2010-106","name":"Court Suppression and Non-publication Orders Act 2010","slug":"court-suppression-and-non-publication-orders-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"106 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30905,"registerId":"nsw-act-2010-106-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Court Suppression and Non-publication Orders Act 2010](/view/html/inforce/current/act-2010-106).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> court means—\n> \n> > (a) the Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court or Children’s Court, or\n> \n> > (b) any other court or tribunal, or a person or body having power to act judicially, prescribed by the regulations as a court for the purposes of this Act.\n> \n> information includes any document.\n> \n> news media organisation means a commercial enterprise that engages in the business of broadcasting or publishing news or a public broadcasting service that engages in the dissemination of news through a public news medium.\n> \n> non-publication order means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).\n> \n> party to proceedings includes the complainant or victim (or alleged victim) in criminal proceedings and any person named in evidence given in proceedings and, in relation to proceedings that have concluded, means a person who was a party to the proceedings before the proceedings concluded.\n> \n> proceedings means civil or criminal proceedings.\n> \n> publish means disseminate or provide access to the public or a section of the public by any means, including by—\n> \n> > (a) publication in a book, newspaper, magazine or other written publication, or\n> \n> > (b) broadcast by radio or television, or\n> \n> > (c) public exhibition, or\n> \n> > (d) broadcast or publication by means of the Internet.\n> \n> suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise).\n> \n> **s 3:** Am 2016 No 48, Sch 2.11; 2023 No 41, Sch 2.11.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Inherent jurisdiction and powers of courts not affected","content":"#### 4 Inherent jurisdiction and powers of courts not affected\n\n4 Inherent jurisdiction and powers of courts not affected\n\n> This Act does not limit or otherwise affect any inherent jurisdiction or any powers that a court has apart from this Act to regulate its proceedings or to deal with a contempt of the court.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Other laws not affected","content":"#### 5 Other laws not affected\n\n5 Other laws not affected\n\n> This Act does not limit or otherwise affect the operation of a provision made by or under any other Act that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Suppression and non-publication orders","content":"# Part 2 Suppression and non-publication orders\n\nPart 2 Suppression and non-publication orders","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Safeguarding public interest in open justice","content":"#### 6 Safeguarding public interest in open justice\n\n6 Safeguarding public interest in open justice\n\n> In deciding whether to make a suppression order or non-publication order, a court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Power to make orders","content":"#### 7 Power to make orders\n\n7 Power to make orders\n\n> A court may, by making a suppression order or non-publication order on grounds permitted by this Act, prohibit or restrict the publication or other disclosure of—\n> \n> > (a) information tending to reveal the identity of or otherwise concerning any party to or witness in proceedings before the court or any person who is related to or otherwise associated with any party to or witness in proceedings before the court, or\n> \n> > (b) information that comprises evidence, or information about evidence, given in proceedings before the court.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Grounds for making an order","content":"#### 8 Grounds for making an order\n\n8 Grounds for making an order\n\n> > (1) A court may make a suppression order or non-publication order on one or more of the following grounds—\n> > \n> > > (a) the order is necessary to prevent prejudice to the proper administration of justice,\n> > \n> > > (b) the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security,\n> > \n> > > (c) the order is necessary to protect the safety of any person,\n> > \n> > > (d) the order is necessary to avoid causing undue distress or embarrassment to a party to or witness in criminal proceedings involving an offence of a sexual nature (including sexual touching or a sexual act within the meaning of Division 10 of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),\n> > \n> > > (e) it is otherwise necessary in the public interest for the order to be made and that public interest significantly outweighs the public interest in open justice.\n> \n> > (2) A suppression order or non-publication order must specify the ground or grounds on which the order is made.\n> \n> > (3) Despite subsection (1) (d), a court may make a suppression order or non-publication order on the grounds that the order is necessary to avoid causing undue distress or embarrassment to a defendant in criminal proceedings involving an offence of a sexual nature only if there are exceptional circumstances.\n> \n> **s 8:** Am 2018 No 29, Sch 1.3 \\[1\\]; 2018 No 33, Sch 5.3.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Procedure for making an order","content":"#### 9 Procedure for making an order\n\n9 Procedure for making an order\n\n> > (1) A court may make a suppression order or non-publication order on its own initiative or on the application of—\n> > \n> > > (a) a party to the proceedings concerned, or\n> > \n> > > (b) any other person considered by the court to have a sufficient interest in the making of the order.\n> \n> > (2) Each of the following persons is entitled to appear and be heard by the court on an application for a suppression order or non-publication order—\n> > \n> > > (a) the applicant for the order,\n> > \n> > > (b) a party to the proceedings concerned,\n> > \n> > > (c) the Government (or an agency of the Government) of the Commonwealth or of a State or Territory,\n> > \n> > > (d) a news media organisation,\n> > \n> > > (e) any other person who, in the court’s opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should be made.\n> \n> > (3) A suppression order or non-publication order may be made at any time during proceedings or after proceedings have concluded.\n> \n> > (4) A suppression order or non-publication order may be made subject to such exceptions and conditions as the court thinks fit and specifies in the order.\n> \n> > (5) A suppression order or non-publication order must specify the information to which the order applies with sufficient particularity to ensure that the order is limited to achieving the purpose for which the order is made.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Interim orders","content":"#### 10 Interim orders\n\n10 Interim orders\n\n> > (1) If an application is made to a court for a suppression order or non-publication order, the court may, without determining the merits of the application, make the order as an interim order to have effect, subject to revocation by the court, until the application is determined.\n> \n> > (2) If an order is made as an interim order, the court must determine the application as a matter of urgency.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Where an order applies","content":"#### 11 Where an order applies\n\n11 Where an order applies\n\n> > (1) A suppression order or non-publication order applies only to the disclosure or publication of information in a place where the order applies, as specified in the order.\n> \n> > (2) A suppression order or non-publication order is not limited to applying in New South Wales and can be made to apply anywhere in the Commonwealth.\n> \n> > (3) However, an order is not to be made to apply outside New South Wales unless the court is satisfied that having the order apply outside New South Wales is necessary for achieving the purpose for which the order is made.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Duration of orders","content":"#### 12 Duration of orders\n\n12 Duration of orders\n\n> > (1) A suppression order or non-publication order operates for the period decided by the court and specified in the order.\n> \n> > (2) In deciding the period for which an order is to operate, the court is to ensure that the order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.\n> \n> > (3) The period for which an order operates may be specified by reference to a fixed or ascertainable period or by reference to the occurrence of a specified future event.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Review of orders","content":"#### 13 Review of orders\n\n13 Review of orders\n\n> > (1) The court that made a suppression order or non-publication order may review the order on the court’s own initiative or on the application of a person who is entitled to apply for the review.\n> \n> > (2) Each of the following persons is entitled to apply for and to appear and be heard by the court on the review of an order under this section—\n> > \n> > > (a) the applicant for the order,\n> > \n> > > (b) a party to the proceedings in connection with which the order was made,\n> > \n> > > (c) the Government (or an agency of the Government) of the Commonwealth or of a State or Territory,\n> > \n> > > (d) a news media organisation,\n> > \n> > > (e) any other person who, in the court’s opinion, has a sufficient interest in the question of whether a suppression order or non-publication order should have been made or should continue to operate.\n> \n> > (3) On a review, the court may confirm, vary or revoke the order and may in addition make any other order that the court may make under this Act.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Appeals","content":"#### 14 Appeals\n\n14 Appeals\n\n> > (1) With leave of the appellate court, an appeal lies against—\n> > \n> > > (a) a decision of a court (the original court) to make or not to make a suppression order or non-publication order, or\n> > \n> > > (b) a decision by the original court on the review of, or a decision by the original court not to review, a suppression order or non-publication order made by the court.\n> \n> > (2) The appellate court for an appeal under this section is the court to which appeals lie against final judgments or orders of the original court or, if there is no such court, the Supreme Court.\n> \n> > (3) Each of the following persons is entitled to appear and be heard on an appeal under this section—\n> > \n> > > (a) the applicant for the suppression order or non-publication order,\n> > \n> > > (b) a party to the proceedings in which the order or decision subject to appeal was made,\n> > \n> > > (c) the Government (or an agency of the Government) of the Commonwealth or of a State or Territory,\n> > \n> > > (d) a news media organisation,\n> > \n> > > (e) any other person who, in the appellate court’s opinion, has a sufficient interest in the decision that is the subject of appeal.\n> \n> > (4) On an appeal under this section, the appellate court may confirm, vary or revoke the order or decision subject to the appeal and may make any order or decision under this Act that could have been made in the first instance.\n> \n> > (5) An appeal under this section is to be by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence given on the making of the decision may be given on the appeal.\n> \n> > (6) If judgments or orders of the original court are subject to review by another court (rather than appeal to another court), this section provides for a review of the original court’s decisions instead of an appeal and in such a case references in this section to an appeal are to be read as references to a review.","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Disclosures that are not prevented by suppression orders","content":"#### 15 Disclosures that are not prevented by suppression orders\n\n15 Disclosures that are not prevented by suppression orders\n\n> > (1) A suppression order does not prevent a person from disclosing information if the disclosure is not by publication and is in the course of performing functions or duties or exercising powers in a public official capacity—\n> > \n> > > (a) in connection with the conduct of proceedings or the recovery or enforcement of any penalty imposed in proceedings, or\n> > \n> > > (b) in compliance with any procedure adopted by a court for informing a news media organisation of the existence and content of a suppression order or non-publication order made by the court.\n> \n> > (2) A suppression order does not prevent the disclosure of information to the Bureau of Crime Statistics and Research if the disclosure is not by publication and the disclosure is made for the purposes of the compilation of statistical data about crime and criminal justice.\n> \n> **s 15:** Am 2014 No 14, Sch 5.2.","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Contravention of order","content":"#### 16 Contravention of order\n\n16 Contravention of order\n\n> > (1) A person commits an offence if the person engages in conduct that constitutes a contravention of a suppression order or non-publication order and is reckless as to whether the conduct constitutes a contravention of a suppression order or non-publication order.\n> > \n> > Maximum penalty—1,000 penalty units or imprisonment for 12 months, or both, for an individual or 5,000 penalty units for a body corporate.\n> \n> > (2) Conduct that constitutes an offence under this section may be punished as a contempt of court even though it could be punished as an offence.\n> \n> > (3) Conduct that constitutes an offence under this section may be punished as an offence even though it could be punished as a contempt of court.\n> \n> > (4) If conduct constitutes both an offence under this section and a contempt of court, the offender is not liable to be punished twice.","sortOrder":17},{"sectionNumber":"Part 3","sectionType":"part","heading":"General","content":"# Part 3 General\n\nPart 3 General","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Proceedings for offences","content":"#### 17 Proceedings for offences\n\n17 Proceedings for offences\n\n> > (1) Proceedings for an offence under this Act are to be dealt with—\n> > \n> > > (a) summarily before the Local Court, or\n> > \n> > > (b) summarily before the Supreme Court in its summary jurisdiction.\n> \n> > (2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence, despite any higher maximum monetary penalty provided by this Act in respect of the offence, is—\n> > \n> > > (a) for an individual, 100 penalty units, or\n> > \n> > > (b) for a body corporate, 500 penalty units.\n> \n> > (3) Proceedings for an offence under this Act that are brought before the Local Court must be commenced within 2 years of the date of the alleged offence.\n> \n> **s 17:** Am 2020 No 26, Sch 1.3.","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"#### 18 Regulations\n\n18 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":20},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n**sch 1:** Am 2018 No 29, Sch 1.3 \\[2\\].","sortOrder":21},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":26}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act’s text records a number of amendments since enactment (annotation notes at s 3, s 8, s 15, s 17 and Schedule 1). Those recorded amendments show changes to definitions and to procedural and substantive rules: for example, s 8(3) (amended 2018) narrows the circumstances in which orders may be made to avoid distress or embarrassment to a defendant in sexual offence proceedings by requiring exceptional circumstances; s 15 (amended 2014) creates specified official disclosure exceptions (including disclosure to the Bureau of Crime Statistics and Research); s 3 has later amendments to definitions (2016, 2023); and s 17 (amended 2020) updates how proceedings for offences under the Act are to be dealt with. The amendment notes indicate that the statutory scope and procedural regime have been adjusted since first enacted rather than remaining static."},"complexity_factors":["Multiple points of judicial discretion (making orders, specifying exceptions and conditions, deciding duration) (s 7, s 9(4), s 12)","Interaction with other statutory and inherent judicial powers, preserved by the Act (s 4–5)","Procedural layers: applications, interim orders, urgent determinations, reviews and appeals including rehearing standard (s 9, s 10, s 13, s 14(5))","Overlap between criminal offence, contempt of court and civil review/remedies (s 16(2)–(4))","Extraterritorial application subject to judicial satisfaction (s 11), adding complexity for orders affecting multiple jurisdictions","Detailed definitional scope that extends to internet publication and news media organisations (s 3), increasing practical compliance questions for online platforms","Statutory amendments noted in the text indicate evolving scope and procedural adjustments (amendment notes to s 3, s 8, s 15, s 17 and Schedule 1)","Requirements for particularity and proportional duration impose fact-sensitive judicial balancing (s 9(5), s 12)","Regulatory power and savings/transitional provisions permit further legal detail to be introduced by regulation (s 18; sch 1)"],"plain_english_summary":"The Act gives courts explicit power to make suppression and non‑publication orders over information connected to proceedings, sets legal grounds and procedural rules for applications, limits duration and geographic scope, and creates a criminal offence for reckless contravention. It defines publication (including online), who may appear (parties, media, government) and preserves inherent and other statutory powers.\n\nIt matters because it formalises how courts balance open justice against privacy, safety and national‑security interests, imposing compliance risks and costs on publishers while protecting individuals and court processes."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have maintained its original purpose of regulating court suppression and non-publication orders since its enactment in 2010. The multiple amendments suggest refinement and expansion of detail rather than a fundamental shift in scope. Without access to the full amendment history and explanatory materials, a definitive conclusion cannot be made, but there are no indicators of scope drift from the provided information."},"complexity_factors":["Balances competing constitutional and common law values (open justice vs. individual protection), requiring nuanced judicial discretion","Jurisdictional reach of orders is complex — orders may extend beyond NSW courts and interact with federal law","Multiple amendment cycles (8 versions since 2010) mean understanding the current state requires tracking legislative history","Interacts with other legislation including court-specific rules, the Evidence Act, and media law","Enforcement and penalty provisions add a criminal law dimension","Definitions of 'suppression' vs 'non-publication' carry distinct legal meanings that affect how orders are applied","Limited substantive content visible in the provided text — the full statutory provisions are not included, limiting complete assessment"],"plain_english_summary":"## Court Suppression and Non-publication Orders Act 2010 (NSW)\n\n**What is this law?**\n\nThis is a New South Wales law that sets out the rules for when courts can order that information from legal proceedings is **suppressed** (hidden from the public) or **not published** (kept out of the media and internet).\n\n**Who does it affect?**\n\n- **Everyday people** involved in court cases — whether as a victim, witness, accused person, or party to a civil dispute\n- **Journalists and media organisations** who report on court proceedings\n- **Members of the public** who have an interest in knowing what happens in courts\n- **Lawyers and judges** who apply for and make these orders\n\n**Why does it matter?**\n\nIn Australia, courts are generally open to the public — this is a cornerstone of a fair justice system. However, sometimes there are good reasons to keep certain information private, such as protecting a victim's identity, preventing prejudice (unfair influence) to a fair trial, or protecting national security.\n\nThis Act creates a **structured framework** for when a judge can lawfully restrict what gets reported about a court case. It balances two competing values:\n- **Open justice** — the public's right to know what courts are doing in their name\n- **Protection** — shielding individuals or proceedings from harm caused by publicity\n\n**Key things to know:**\n- Courts cannot suppress information just because someone finds it embarrassing or inconvenient — there must be a proper legal reason\n- Orders can apply across all of NSW and potentially beyond\n- The law has been updated several times since 2010, with the most recent version in force from July 2024\n- Breaching a suppression order (ignoring it and publishing the information anyway) can result in serious penalties\n\n**In plain terms:** If you've ever seen a news story that says 'a court has suppressed the name of the accused' or 'details cannot be published for legal reasons' — this is the law that made that happen."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act has not grown significantly beyond its original 2010 purpose of codifying and harmonising the circumstances in which NSW courts may restrict open justice; later amendments refined procedural details and sexual offence protections without altering the core balance between suppression and transparency."},"complexity_factors":["Multiple overlapping definitions (e.g. 'court', 'publish', 'suppression order' versus 'non-publication order') that feed into every operative provision","Five distinct grounds in s 8(1) with a public interest override test, plus an 'exceptional circumstances' carve-out in s 8(3) for defendants in sexual offence matters","Layered procedural rules across ss 9–14 covering applications, interim orders, geographic reach, duration, review, and appeals with rehearing rights","Savings and interaction clauses (ss 4–5, 15, Schedule 1) that require cross-checking against other statutes and inherent court powers","Offence and enforcement provisions (ss 16–17) that permit dual punishment tracks (contempt and criminal) with time limits and reduced Local Court penalties"],"plain_english_summary":"**The Court Suppression and Non-publication Orders Act 2010** gives NSW courts a clear framework to issue orders that restrict sharing or publishing information from legal cases, while stressing that open justice should be the starting point.\n\nIt lets courts make **suppression orders** (which ban any disclosure of information) or **non-publication orders** (which only stop public broadcasting or publishing, such as in media or online). These can cover names of victims, witnesses, evidence, or anything that might identify someone involved in a case.\n\nOrders are allowed only on specific grounds, such as protecting a fair trial, national security, someone's physical safety, or preventing serious distress to sexual offence victims (with extra limits if the order would protect the accused). The law sets out who can ask for an order, how to make it temporary at first, how long it lasts, and how it can be reviewed or appealed. It also creates an offence for deliberately breaching one.\n\nThis matters to everyday people because it protects victims and witnesses from harm or harassment while trying to stop courts from becoming secret unless absolutely necessary. It mainly affects judges, parties in court cases, journalists, and media organisations."}},"importantCases":[],"_links":{"self":"/api/acts/court-suppression-and-non-publication-orders-act-2010","history":"/api/acts/court-suppression-and-non-publication-orders-act-2010/history","analysis":"/api/acts/court-suppression-and-non-publication-orders-act-2010/analysis","conflicts":"/api/acts/court-suppression-and-non-publication-orders-act-2010/conflicts","importantCases":"/api/acts/court-suppression-and-non-publication-orders-act-2010/important-cases","documents":"/api/acts/court-suppression-and-non-publication-orders-act-2010/documents"}}