{"id":"open-courts-act-2013","name":"Open Courts Act 2013","slug":"open-courts-act-2013","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173575,"registerId":"vic-open-courts-act-2013-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Open Courts Act 2013","content":"Version No. 017\n\n**Open Courts Act 2013**\n\n**No. 58 of 2013**\n\nVersion incorporating amendments as at  \n30 September 2025\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 2\n\n3 Definitions 2\n\n4 Principle of open justice prevails unless circumstances require displacement 6\n\n5 Abrogation of common law and no implied jurisdiction 6\n\n6 Jurisdiction and powers of courts and tribunals to deal with contempt 6\n\n7 Admission of evidence and disclosure of information to a court or tribunal or party to a proceeding 7\n\n8 Other laws restricting or prohibiting publication not affected 7\n\n8A Handing down and delivering judgments by electronic communication does not contravene rules of law relating to open justice 10\n\n8B Certain measures in relation to proceeding or hearing do not contravene rules of law relating to open justice 11\n\n8C Court may restrict or prohibit publication of transcript provided under section 8B 12\n\nPart 2—General provisions for suppression orders 14\n\n9 Application of Part 14\n\n10 Notice of applications for suppression orders 14\n\n11 Notifications to relevant news media organisations 15\n\n12 Duration of orders 15\n\n13 Scope of information covered by order 16\n\n14 Order must be made on basis of evidence or sufficient credible information 17\n\n14A Statement of reasons for making a suppression order 17\n\n15 Review of orders 18\n\n16 Duty to publish reasons, judgments or decisions 20\n\nPart 3—Proceeding suppression orders 22\n\n17 Court or tribunal may make proceeding suppression order 22\n\n18 Grounds for proceeding suppression order 22\n\n19 Procedure for making a proceeding suppression order 23\n\n20 Interim orders 24\n\n21 Where a proceeding suppression order applies 25\n\n22 Exceptions for conduct of proceeding, enforcement or informing persons of existence of proceeding suppression orders or interim orders 25\n\n23 Offence to contravene proceeding suppression order or interim order 26\n\nPart 4—Broad suppression orders 27\n\n24 Application of this Part 27\n\n25 County Court may grant injunction restraining publication in relation to criminal proceeding 27\n\n26 Magistrates' Court may make order prohibiting publication of specified material 27\n\n27 Offence to contravene order under section 26(1) 28\n\nPart 5—Closed court orders 30\n\n28 Principle of open justice and hearings in open court 30\n\n29 Jurisdiction and powers of courts and tribunals to regulate proceedings 30\n\n30 Power to close proceeding to the public 31\n\n31 Requirement to post notice of closed court order on door of court or tribunal 32\n\n32 Offence to contravene closed court order 32\n\nPart 6—General 34\n\n33 Regulations 34\n\nPart 7—Transitional provisions 35\n\n34 Transitional 35\n\n35 Power to resolve transitional difficulties in proceeding 35\n\n═══════════════\n\nEndnotes 36\n\n1 General information 36\n\n2 Table of Amendments 38\n\n3 Explanatory details 40\n\n**Version No.** **017**\n\n**Open Courts Act 2013**\n\n**No. 58 of 2013**\n\nVersion incorporating amendments as at  \n30 September 2025\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are to—\n\nS. 1(aa) inserted by No. 11/2019 s. 4.\n\n(aa) recognise and promote the principle that open justice is a fundamental aspect of the Victorian legal system which—\n\n(i) maintains the integrity and impartiality of courts and tribunals; and\n\n(ii) strengthens public confidence in the system of justice;\n\n(a) reform and consolidate provisions for suppression orders relating to information derived from proceedings applicable to the Supreme Court, the County Court, the Magistrates' Court, the Coroners Court, the Victorian Civil and Administrative Tribunal and other prescribed courts and tribunals;\n\n(b) reform and consolidate provisions for suppression orders relating to other information relevant to, but not derived from, certain proceedings in the County Court and the Magistrates' Court;\n\n(c) make general provisions applicable to all suppression orders made pursuant to the exercise of the inherent jurisdiction of the Supreme Court and by courts or tribunals under this Act;\n\n(d) reform and consolidate provisions for closed court orders applicable to the Supreme Court, the County Court, the Magistrates' Court, the Coroners Court, the Victorian Civil and Administrative Tribunal and other prescribed courts and tribunals.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 December 2013, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***business day*** means a day other than a Saturday, a Sunday or a public holiday within the meaning of the **Public Holidays Act 1993**;\n\n***child*** means a person under 18 years of age;\n\n***closed court order*** means an order made under Part 5;\n\nS. 3 def. of *correspond-ing interstate order* repealed by No. 53/2016 s. 110(c).\n\n* * * * *\n\nS. 3 def. of *correspond-ing New Zealand order* repealed by No. 53/2016 s. 110(c).\n\n* * * * *\n\n***court or tribunal*** means—\n\n(a) the Supreme Court;\n\n(b) the County Court;\n\n(c) the Magistrates' Court;\n\n(d) the Coroners Court;\n\n(e) VCAT;\n\n(f) any other prescribed court or tribunal;\n\n(g) a prescribed person or body;\n\n***family violence intervention order*** has the same meaning as it has in the **Family Violence Protection Act 2008**;\n\nS. 3 def. of *family violence offence*  \namended by No. 53/2016 s. 110(b).\n\n***family violence offence*** means—\n\n(a) an offence where—\n\n(i) the accused is a person who, at the time of the alleged offence, is subject to a family violence intervention order, a family violence safety notice or a  \nnon-local DVO; and\n\n(ii) the complainant or alleged victim is a person who is protected by the order or notice referred to in subparagraph (i); and\n\n(iii) the conduct comprising the alleged offence, if established, includes conduct by the accused which is a contravention of the order or notice referred to in subparagraph (i); or\n\n(b) an offence where the conduct comprising the alleged offence, if established, constitutes family violence within the meaning of the **Family Violence Protection Act 2008** by the accused against the complainant or alleged victim and the conduct could reasonably have justified the making of a family violence intervention order or a family violence safety notice applying to the accused and protecting the complainant or alleged victim;\n\n***family violence safety notice*** has the same meaning as it has in the **Family Violence Protection Act 2008**;\n\n***information*** includes any document;\n\n***inquest*** has the same meaning as it has in the **Coroners Act 2008**;\n\n***interim order*** means an order made under section 20;\n\n***news media organisation*** means—\n\n(a) a commercial enterprise that engages in the business of broadcasting or publishing news;\n\n(b) a public broadcasting service that engages in the dissemination of news through a public news medium;\n\nS. 3 def. of *non-local DVO*  \ninserted by No. 53/2016 s. 110(a).\n\n***non-local DVO***  means a non-local DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**;\n\n***party*** to a proceeding includes—\n\n(a) in the case of a criminal proceeding, the complainant or victim or alleged victim;\n\n(b) any person named in evidence given in a proceeding;\n\n(c) in relation to a proceeding that has concluded, a person who was a party to the proceeding before the proceeding concluded;\n\n***proceeding*** means a civil proceeding or a criminal proceeding;\n\n***proceeding suppression order*** means an order made under section 17;\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 electronic communication—\n\nand ***publication*** must be construed accordingly;\n\n***sexual offence*** has the same meaning as it has in the **Criminal Procedure Act 2009**;\n\n***suppression order*** means—\n\n(a) a proceeding suppression order;\n\n(b) an interim order;\n\n(c) an order made under section 25 or 26;\n\n(d) an order made by the Supreme Court in the exercise of its inherent jurisdiction that prohibits or restricts the publication or other disclosure of information in connection with any proceeding, whether or not the information was derived from the proceeding.\n\nS. 4 substituted by No. 11/2019 s. 5.\n\n\t4 Principle of open justice prevails unless circumstances require displacement\n\n(1) A court or tribunal is to have regard to the primacy of the principle of open justice and the free communication and disclosure of information in determining whether to make a suppression order.\n\n(2) A court or tribunal is only to make a suppression order if satisfied that the specific circumstances of a case make it necessary to override or displace the principle of open justice and the free communication and disclosure of information.\n\n\t5 Abrogation of common law and no implied jurisdiction\n\n(1) Nothing in this section limits or otherwise affects the inherent jurisdiction of the Supreme Court.\n\n(2) Any common law power to make an order prohibiting or restricting the publication of information in connection with any proceeding is abrogated.\n\n(3) A court or tribunal has no implied jurisdiction to make an order prohibiting or restricting the publication of information in connection with any proceeding.\n\n\t6 Jurisdiction and powers of courts and tribunals to deal with contempt\n\n(1) This Act does not limit or otherwise affect any jurisdiction or any power that a court or tribunal has apart from this Act to deal with a contempt of the court or tribunal.\n\n(2) In this section—\n\n***jurisdiction*** includes any implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction;\n\n***power*** includes any power at common law.\n\n\t7 Admission of evidence and disclosure of information to a court or tribunal or party to a proceeding\n\nThis Act does not limit or otherwise affect—\n\n(a) the making of an order or decision by a court or tribunal that requires the disclosure of information in the course of, or in relation to, a proceeding;\n\n(b) any rule of law restricting the permitted use and disclosure of information referred to in paragraph (a);\n\n(c) the making of an order or decision by a court or tribunal regarding the admission into evidence of information;\n\n(d) the making of an order or decision by a court or tribunal that—\n\n(i) conceals the identity of a person by restricting the way the person is referred to in open court;\n\n(ii) restricts the way an event or thing may be referred to in open court;\n\n(iii) prohibits or restricts access to a court or tribunal file.\n\n\t8 Other laws restricting or prohibiting publication not affected\n\nS. 8(1) amended by No. 11/2019 s. 6(1).\n\n(1) This Act does not limit or otherwise affect the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that—\n\n(a) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; or\n\n(b) requires or authorises a court or tribunal to close any proceeding to the public.\n\nS. 8(1A) inserted by No. 11/2019 s. 6(2).\n\n(1A) If a provision of an Act referred to in subsection (2) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding, a court or tribunal must not make a suppression order that prohibits or restricts the publication or other disclosure of information which is already prohibited or restricted by that other provision.\n\n(2) Without limiting the generality of subsection (1), this Act does not limit the operation of the following provisions—\n\n(a) section 121 of the **Adoption Act 1984**;\n\n(b) section 534 of the **Children, Youth and Families Act 2005**;\n\nS. 8(2)(c) amended by No. 27/2016 s. 44.\n\n(c) sections 17(3), (4) and (5), 36L(6), (7) and (8), 37(9), (10) and (11) and 40H(7), (8) and (9) of the **Confiscation Act 1997**;\n\n(d) section 75 of the **Crimes (Mental Impairment and Unfitness to be Tried) Act 1997**;\n\nS. 8(2)(da) inserted by No. 32/2024 s. 836.\n\n(da) section 206G of the **Criminal Procedure Act 2009**;\n\n(e) Part 4 of the **Criminal Organisations Control Act 2012**;\n\n(f) sections 32F or 42BQ of the **Evidence (Miscellaneous Provisions) Act 1958**;\n\n(g) sections 166 or 167 of the **Family Violence Protection Act 2008**;\n\n(h) section 43 of the **Major Crime (Investigative Powers) Act 2004**;\n\n(i) section 133 of the **Public Health and Wellbeing Act 2008**;\n\nS. 8(2)(j) substituted by No. 27/2018 s. 361.\n\n(j) Division 1 of Part 19 of the **Serious Offenders Act 2018**;\n\nS. 8(2)(ja) inserted by No. 21/2016 s. 23.\n\n(ja) section 66ZZB of the **Sex Offenders Registration Act 2004**;\n\n(k) section 12 of the **Terrorism (Community Protection) Act 2003**;\n\n(l) section 43 of the **Victims of Crime Assistance Act 1996**;\n\nS. 8(2)(m) amended by No. 11/2019 s. 6(3)(a).\n\n(m) clause 37 of Schedule 1 to the **Victorian Civil and Administrative Tribunal Act 1998**;\n\nS. 8(2)(n) inserted by No. 11/2019 s. 6(3)(b).\n\n(n) sections 3 and 4 of the **Judicial Proceedings Reports Act 1958**;\n\nS. 8(2)(o) inserted by No. 11/2019 s. 6(3)(b).\n\n(o) sections 7 and 48 of the **Major Crime (Investigative Powers) Act 2004**;\n\nS. 8(2)(p) inserted by No. 11/2019 s. 6(3)(b).\n\n(p) sections 10A and 13 of the **Witness Protection Act 1991**.\n\nNote to s. 8(2) amended by No. 11/2019 s. 6(4).\n\n**Note**\n\nOther Acts have specific suppression regimes that place statutory restrictions or prohibitions on the disclosure of information. For example, see sections 77 and 78 of the **Juries Act 2000**.\n\nS. 8(3) inserted by No. 11/2019 s. 6(5).\n\n(3) A suppression order that prohibits or restricts the publication or other disclosure of information which is already prohibited or restricted by the operation of a provision made by or under any Act, including an Act of the Commonwealth, is not invalid merely because it covers the same prohibition, restriction or disclosure as the provision of an Act.\n\nS. 8A inserted by No. 11/2021 s. 110.\n\n\t8A Handing down and delivering judgments by electronic communication does not contravene rules of law relating to open justice\n\n(1) A court or tribunal does not contravene any rule of law relating to open justice if, instead of handing down or delivering a judgment in a court room or hearing room that is open to the public, the court or tribunal—\n\n(a) gives the parties notice that the judgment is to be handed down or delivered as described in paragraphs (b) and (c); and\n\n(b) sends the judgment to the parties by electronic communication; and\n\n(c) makes the judgment available to—\n\n(i) the public generally; or\n\n(ii) a member of the public on request.\n\n(2) Nothing in subsection (1) permits the publication of information in connection with a proceeding if that publication is contrary to a prohibition or restriction imposed by or under this Act or any other Act.\n\n(3) In this section—\n\n***judgment*** includes the following—\n\n(a) reasons;\n\n(b) an order (including a final order);\n\n(c) a ruling;\n\n(d) a finding;\n\n(e) a decision;\n\n(f) a determination.\n\nS. 8B inserted by No. 11/2021 s. 110.\n\n\t8B Certain measures in relation to proceeding or hearing do not contravene rules of law relating to open justice\n\nS. 8B(1) amended by Nos 38/2022 s. 90(1), 26/2023 s. 7(1)(a).\n\n(1) A court or tribunal does not contravene any rule of law relating to open justice if, instead of holding a proceeding or hearing in a court room or hearing room that is physically open to the public, the court or tribunal does whichever of the following things the court or tribunal is satisfied it is in the interests of justice to do—\n\nS. 8B(1)(a) amended by Nos 38/2022 s. 90(2), 26/2023 s. 7(1)(b).\n\n(a) arranging or providing a contemporaneous audio or audio visual broadcast of the proceeding or hearing to—\n\n(i) the public generally; or\n\n(ii) a member of the public on request;\n\nS. 8B(1)(b) amended by No. 38/2022 s. 90(3)(a).\n\n(b) arranging or providing an audio or audio visual recording of the proceeding or hearing within a reasonable time after the conclusion of the proceeding or hearing to—\n\n(i) the public generally; or\n\nS. 8B(1)(b)(ii) amended by No. 38/2022 s. 90(3)(b).\n\n(ii) a member of the public on request;\n\nS. 8B(1)(c) amended by No. 38/2022 s. 90(4).\n\n(c) in the case of the Supreme Court, the County Court or the Coroners Court, arranging or providing a transcript of the proceeding or hearing within a reasonable time after the conclusion of the proceeding or hearing to—\n\n(i) the public generally; or\n\n(ii) a member of the public on request.\n\nS. 8B(2) substituted by No. 26/2023 s. 7(2).\n\n(2) A court or tribunal may determine what means of access or combination of means of access under subsection (1) is or are most appropriate in all the circumstances.\n\nS. 8B(3) amended by No. 38/2022 s. 90(5), substituted by No. 26/2023 s. 7(2).\n\n(3) No fee is payable for a contemporaneous audio or audio visual broadcast under subsection (1)(a), an audio or audio visual recording of a proceeding or hearing under subsection (1)(b) or a transcript of a proceeding or hearing under subsection (1)(c) by a person to whom it is provided.\n\nS. 8B(4) inserted by No. 26/2023 s. 7(2).\n\n(4) Subsection (3) applies despite any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**) or any regulation which fixes a fee for the provision of any broadcast, recording or transcript.\n\nS. 8C inserted by No. 26/2023 s. 8.\n\n\t8C Court may restrict or prohibit publication of transcript provided under section 8B\n\n(1) If satisfied that it is in the interests of justice to do so, the Supreme Court, the County Court or the Coroner's Court may make an order—\n\n(a) restricting the publication of a transcript, or any part of a transcript, provided under section 8B(1)(c); or\n\n(b) prohibiting the publication of a transcript, or any part of a transcript, provided under section 8B(1)(c).\n\n(2) An order under subsection (1)(a) or (b) may be subject to any conditions that the Court making the order considers appropriate to impose.\n\n(3) An order under subsection (1)(a) or (b) may be made on the own motion of the Supreme Court, the County Court or the Coroner's Court.\n\nPart 2—General provisions for suppression orders\n\n\t9 Application of Part\n\nThis Part applies to any suppression order.\n\n\t10 Notice of applications for suppression orders\n\n(1) Subject to subsection (3), an applicant for a suppression order must give 3 business days' notice of the making of the application to—\n\n(a) the court or tribunal in which the application is to be made; and\n\nS. 10(1)(b) substituted by No. 55/2014 s. 176.\n\n(b) the parties on the record in the proceeding to which the application relates.\n\n(2) Notice under subsection (1) must be in accordance with rules of court (if any) applying in the court or tribunal in which the application is made.\n\n(3) The court or tribunal may hear an application  \nfor a suppression order despite the failure of the applicant to give notice in accordance with subsection (1) if the court or tribunal is satisfied that—\n\n(a) there was a good reason for the notice not being given or not being given within the required time period; or\n\n(b) it is in the interests of justice that the court or tribunal hear the application without notice being given.\n\n(4) This section does not apply to the making of a proceeding suppression order by a court or tribunal on its own motion.\n\n\t11 Notifications to relevant news media organisations\n\n(1) On receiving a notice under section 10(1), the court or tribunal must take reasonable steps to ensure that any relevant news media organisation is notified of the application for a suppression order.\n\n(2) Notification under this section may be by electronic communication or any other means that the court or tribunal considers appropriate.\n\n(3) In this section, ***relevant news media organisation*** means a news media organisation which the court or tribunal would ordinarily ensure was sent notice of the making of a suppression order.\n\n\t12 Duration of orders\n\n(1) The period for which a suppression order other than an interim order operates must be—\n\n(a) determined by the court or tribunal in accordance with this section; and\n\n(b) specified in the order.\n\nNote to s. 12(1) amended by No. 11/2019 s. 7(1).\n\n**Note**\n\nFor interim orders, see section 20(3).\n\n(2) The period for which a suppression order operates may be specified by reference to—\n\n(a) a fixed or ascertainable period; or\n\n(b) subject to subsection (3), the occurrence of a specified future event.\n\n(3) If the period for which a suppression order operates is specified by reference to a future event that may not occur, the order must also specify a period from the date of the order (not exceeding 5 years) at the end of which the order expires unless sooner revoked.\n\n**Example**\n\nAn order that is expressed to be in effect until further order of the court or tribunal would also need to specify a period not exceeding 5 years at the end of which the order expires unless sooner revoked.\n\nS. 12(3A) inserted by No. 11/2019 s. 7(2).\n\n(3A) Unless a court or tribunal otherwise orders or the suppression order otherwise specifies, a suppression order (unless it is sooner varied or revoked) continues to operate until—\n\n(a) the expiry of any appeal period in relation to the proceeding to which the order relates; or\n\n(b) if an appeal is made, the determination of the appeal.\n\n(4) The court or tribunal must ensure that a suppression order operates for no longer than is reasonably necessary to achieve the purpose for which it is made.\n\nS. 13 (Heading) amended by No. 11/2019 s. 8(1).\n\n\t13 Scope of information covered by order\n\n(1) A suppression order must specify the information to which the order applies with sufficient particularity to ensure that—\n\n(a) the order is limited to achieving the purpose for which the order is made; and\n\n(b) the order does not apply to any more information than is necessary to achieve the purpose for which the order is made; and\n\n(c) it is readily apparent from the terms of the order what information is subject to the order.\n\n(2) A suppression order—\n\nS. 13(2)(a) repealed by No. 11/2019 s. 8(2).\n\n* * * * *\n\n(b) in the case of a proceeding suppression order or an order under section 26(1), must specify the applicable ground or grounds on which it is made.\n\n\t14 Order must be made on basis of evidence or sufficient credible information\n\n(1) In making a suppression order, a court or tribunal must be satisfied on the basis of evidence, or sufficient credible information that is satisfactory to the court or tribunal, that the grounds for making the order are established.\n\n(2) Subsection (1) does not apply to an interim order.\n\nS. 14A inserted by No. 11/2019 s. 9.\n\n\t14A Statement of reasons for making a suppression order\n\n(1) Subject to subsection (2), a court or tribunal which makes a suppression order must give a statement of reasons that sets out—\n\n(a) the reasons for the terms of the order; and\n\n(b) the reasons for the duration, grounds and scope of the information covered by the order.\n\n(2) A court or tribunal is not required to give a statement of reasons—\n\n(a) for an interim order; or\n\n(b) for an order varying a suppression order, if the order specifies the purpose of the variation; or\n\n(c) for an order revoking a suppression order; or\n\n(d) if giving a statement of reasons would render the suppression order ineffective.\n\n(3) A failure to comply with this section does not affect the validity of a suppression order.\n\n\t15 Review of orders\n\n(1) The court or tribunal that made a suppression order may review the order—\n\n(a) on the court's or tribunal's own motion; or\n\n(b) on the application of—\n\n(i) the applicant for the order;\n\nS. 15(1)(b)(ii) amended by No. 11/2019 s. 10(1).\n\n(ii) a party to the proceeding in connection with which the order was made, including in any criminal proceeding involving a sexual offence or a family violence offence, a victim or an alleged victim of that offence;\n\n(iii) the Attorney-General;\n\nS. 15(1)(b)(iv) amended by No. 11/2019 s. 10(2).\n\n(iv) the Attorney-General of another State or a Territory or of the Commonwealth;\n\n(v) a news media organisation;\n\n(vi) any other person who, in the opinion of the court or tribunal, has a sufficient interest in the question of whether the order should be confirmed, varied or revoked.\n\nS. 15(1A) inserted by No. 11/2019 s. 10(3).\n\n(1A) A court or tribunal hearing an appeal from a proceeding in which a suppression order has been made which has continued to operate pursuant to section 12(3A) may review the order—\n\n(a) on the court's or tribunal's own motion; or\n\n(b) on the application of—\n\n(i) the person who was the applicant for the order in the proceeding which is the subject of the appeal;\n\n(ii) any other party to the proceeding which is the subject of the appeal in connection with which the order was made;\n\n(iii) in any criminal proceeding involving a sexual offence or a family violence offence, a victim or an alleged victim of that offence;\n\n(iv) the Attorney-General;\n\n(v) the Attorney-General of another State or a Territory or of the Commonwealth;\n\n(vi) a news media organisation;\n\n(vii) any other person who, in the opinion of the court or tribunal, has a sufficient interest in the question of whether the order should be confirmed, varied or revoked.\n\nS. 15(1B) inserted by No. 11/2019 s. 10(3).\n\n(1B) Subject to subsection (1C), in reviewing an order under subsection (1) or (1A), the court or tribunal must make an order revoking the suppression order which is the subject of the review if—\n\n(a) unless the review is on the court's or tribunal's own motion, the application for review is made by a party who is a victim or an alleged victim of an offence involving a sexual offence or a family violence offence; and\n\n(b) the court or tribunal is satisfied that the party—\n\n(i) gives permission to that disclosure; and\n\n(ii) is 18 years of age or over; and\n\n(c) it is otherwise appropriate in all the circumstances for the order to be revoked.\n\nS. 15(1C) inserted by No. 11/2019 s. 10(3).\n\n(1C) A court must not revoke a suppression order under subsection (1B) if the revocation of the order would result in the disclosure of the identity of any person against whom a sexual offence or family violence offence was allegedly committed and that was dealt with in the same proceeding—\n\n(a) who does not give permission to that disclosure; or\n\n(b) who is under 18 years of age; or\n\n(c) if it is not appropriate in all the circumstances for the identity to be disclosed.\n\nS. 15(2) amended by No. 11/2019 s. 10(4).\n\n(2) Each of the persons specified in subsection (1)(b) or (1A)(b) is entitled to appear and be heard by the court or tribunal on the review of a suppression order.\n\nS. 15(3) amended by No. 11/2019 s. 10(5).\n\n(3) On a review under subsection (1) or (1A), the court or tribunal—\n\n(a) may confirm, vary or revoke the suppression order; and\n\nS. 15(3)(b) amended by No. 11/2019 s. 10(6).\n\n(b) in addition, may make any other order that the court or tribunal may make under this Act including, in the case of a review under subsection (1A), any order that the court or tribunal which made the suppression order could have made.\n\nS. 16 amended by No. 11/2019 s. 11.\n\n\t16 Duty to publish reasons, judgments or decisions\n\nNothing in this Act, other than section 14A, limits or otherwise affects any duty of a court or tribunal to publish reasons for judgment or decisions, subject to the court or tribunal editing those reasons to the extent necessary to comply with any order of a court or tribunal or statutory provision restricting the publication of information.\n\n**Note**\n\nSee also section 24(3) of the **Charter of Human Rights and Responsibilities Act 2006**.\n\nPart 3—Proceeding suppression orders\n\n\t17 Court or tribunal may make proceeding suppression order\n\nA court or tribunal on one or more of the grounds specified in section 18 may make a proceeding suppression order to prohibit or restrict the disclosure by publication or otherwise of—\n\n(a) a report of the whole or any part of a proceeding;\n\n(b) any information derived from a proceeding.\n\n\t18 Grounds for proceeding suppression order\n\n(1) A court or tribunal other than the Coroners Court may make a proceeding suppression order if satisfied as to one or more of the following grounds—\n\n(a) the order is necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means;\n\n**Example**\n\nAnother reasonably available means may be directions to the jury.\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 complainant or witness in any criminal proceeding involving a sexual offence or a family violence offence;\n\n(e) the order is necessary to avoid causing undue distress or embarrassment to a child who is a witness in any criminal proceeding;\n\n(f) in the case of VCAT, the order is necessary—\n\n(i) to avoid the publication of confidential information or information the subject of a certificate under section 53 or 54 of the **Victorian Civil and Administrative Tribunal Act 1998**;\n\n(ii) for any other reason in the interests of justice.\n\n(2) The Coroners Court may make a proceeding suppression order in the case of an investigation or inquest into a death or fire if the coroner constituting the Coroners Court reasonably believes that an order is necessary because disclosure would—\n\n(a) be likely to prejudice the fair trial of a person; or\n\n(b) be contrary to the public interest.\n\n\t19 Procedure for making a proceeding suppression order\n\n(1) A court or tribunal may make a proceeding suppression order—\n\n(a) on its own motion; or\n\n(b) on the application of—\n\n(i) a party to the proceeding concerned; or\n\n(ii) any other person considered by the court or tribunal to have a sufficient interest in the making of the order.\n\n(2) Each of the following persons may appear and be heard by the court or tribunal on an application for a proceeding suppression order—\n\n(a) the applicant for the order;\n\n(b) a party to the proceeding concerned;\n\n(c) the Attorney-General;\n\n(d) the Attorney-General of another State or Territory or of the Commonwealth;\n\n(e) a news media organisation;\n\n(f) any other person who, in the opinion of the court or tribunal, has a sufficient interest in the question of whether the order should be made.\n\n(3) Subject to rules of court (if any) or unless the court or tribunal otherwise orders, an applicant for a proceeding suppression order is not required to give notice of the application to a person referred to in subsection (2)(a), (c), (d), (e) or (f).\n\n(4) A proceeding suppression order may be made—\n\n(a) at any time during a proceeding;\n\n(b) after a proceeding has concluded.\n\n(5) A proceeding suppression order may be made subject to any exceptions and conditions that the court or tribunal thinks fit and specifies in the order.\n\n\t20 Interim orders\n\n(1) If an application is made to a court or tribunal for a proceeding suppression order, the court or tribunal may make an interim order in respect of that application.\n\n(2) An interim order may be made without determining the merits of the application under section 18.\n\n(3) An interim order has effect until—\n\n(a) the substantive application is determined; or\n\n(b) the interim order is revoked by a court or tribunal.\n\n(4) If a court or tribunal makes an interim order, the court or tribunal must determine the substantive application for the proceeding suppression order as a matter of urgency.\n\n\t21 Where a proceeding suppression order applies\n\n(1) A proceeding suppression order or an interim order applies only to the publication or disclosure of information in a place where the order applies, as specified in the order.\n\n(2) Subject to subsection (3), a proceeding suppression order or an interim order is not limited to applying in Victoria and may be made to apply anywhere in Australia.\n\n(3) A proceeding suppression order or an interim order must not be made to apply outside Victoria unless the court or tribunal is satisfied that having the order apply outside Victoria is necessary for achieving the purpose for which the order is made.\n\n\t22 Exceptions for conduct of proceeding, enforcement or informing persons of existence of proceeding suppression orders or interim orders\n\nA proceeding suppression order or an interim order does not prevent a person from disclosing information if the disclosure 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 any proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or\n\n(b) in compliance with any procedure adopted by a court or tribunal for informing a person of the existence and content of a proceeding suppression order or an interim order made by the court or tribunal.\n\n\t23 Offence to contravene proceeding suppression order or interim order\n\n(1) A person must not engage in conduct that constitutes a contravention of a proceeding suppression order or an interim order that is in force if that person—\n\n(a) knows that the proceeding suppression order or interim order, as the case requires, is in force; or\n\n(b) is reckless as to whether a proceeding suppression order or an interim order, as the case requires, is in force.\n\nPenalty: in the case of an individual, level 6 imprisonment (5 years maximum) or 600 penalty units, or both;\n\nin the case of a body corporate, 3000 penalty units.\n\n(2) For the purposes of subsection (1), in the absence of evidence to the contrary, a person is taken to be aware that a proceeding suppression order or an interim order is in force if a court or tribunal has electronically transmitted notice of the order to the person.\n\nPart 4—Broad suppression orders\n\n\t24 Application of this Part\n\nAn order under this Part must not be made in respect of any information which could be the subject of a proceeding suppression order.\n\n\t25 County Court may grant injunction restraining publication in relation to criminal proceeding\n\n(1) The County Court has the same jurisdiction, and may exercise the same powers and authority, to grant an injunction in a criminal proceeding restraining a person from publishing any material or doing any other thing to ensure the fair and proper conduct of the proceeding as the Supreme Court has and may exercise in respect of a criminal proceeding in the Supreme Court.\n\n(2) The power of the County Court referred to in subsection (1) is exercisable by making an order, whether interlocutory or final, either unconditionally or on such terms and conditions as the Court thinks just.\n\n\t26 Magistrates' Court may make order prohibiting publication of specified material\n\nS. 26(1) substituted by No. 55/2014 s. 177.\n\n(1) The Magistrates' Court may make an order prohibiting the publication of any specified material, or any material of a specified kind, relevant to a proceeding that is pending in the Court if the Court is satisfied that—\n\n(a) the order is necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means; or\n\n(b) the order is necessary in order to protect the safety of any person.\n\n(2) An order under subsection (1) applies only to the publication of material in a place where the order applies, as specified in the order.\n\n(3) Subject to subsection (4), an order under subsection (1) is not limited to applying in Victoria and may be made to apply anywhere in Australia.\n\n(4) An order under subsection (1) must not be made to apply outside Victoria unless the Magistrates' Court is satisfied that having the order apply outside Victoria is necessary for achieving the purpose for which the order is made.\n\n(5) An order under subsection (1) does not prevent a person from disclosing information if the disclosure 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 any proceeding or the recovery or enforcement of any penalty imposed in a proceeding; or\n\n(b) in compliance with any procedure adopted by the Magistrates' Court for informing a person of the existence and content of an order made under subsection (1) by the Court.\n\n\t27 Offence to contravene order under section 26(1)\n\n(1) A person must not engage in conduct that constitutes a contravention of an order under section 26(1) that is in force if that person—\n\n(a) knows that the order is in force; or\n\n(b) is reckless as to whether an order under that section is in force.\n\nPenalty: in the case of an individual, level 6 imprisonment (5 years maximum) or 600 penalty units, or both;\n\nin the case of a body corporate, 3000 penalty units.\n\n(2) For the purposes of subsection (1), in the absence of evidence to the contrary, a person is taken to be aware that an order is in force if a court or tribunal has electronically transmitted notice of the order to the person.\n\nPart 5—Closed court orders\n\nS. 28 substituted by No. 11/2019 s. 12.\n\n\t28 Principle of open justice and hearings in open court\n\n(1) In determining whether to make any order, including a closed court order, a court or tribunal must have regard to the primacy of the principle of open justice and the free communication and disclosure of information which require the hearing of a proceeding in open court.\n\n(2) A court or tribunal should only make a closed court order—\n\n(a) that the whole or any part of a proceeding be heard in closed court or closed tribunal; or\n\n(b) that only specified persons or classes of persons may be present during the whole or any part of a proceeding—\n\nif the specific circumstances of a case make it necessary to override or displace the principle of open justice and the free communication and disclosure of information which require the hearing of a proceeding in open court.\n\n\t29 Jurisdiction and powers of courts and tribunals to regulate proceedings\n\n(1) Subject to section 28, nothing in this Part limits or affects any jurisdiction or any power that a court or tribunal has apart from this Act to regulate its proceedings.\n\n(2) In this section—\n\n***jurisdiction*** includes any implied jurisdiction and, in the case of the Supreme Court, its inherent jurisdiction;\n\n***power*** includes any power at common law.\n\n\t30 Power to close proceeding to the public\n\n(1) Subject to subsections (2) and (3), a court or tribunal—\n\n(a) may order that the whole or any part of a proceeding be heard in closed court or closed tribunal; or\n\n(b) may order that only persons or classes of persons specified by it may be present during the whole or any part of a proceeding.\n\n(2) A court or tribunal other than the Coroners Court may make a closed court order if satisfied as to one or more of the following grounds—\n\n(a) the order is necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means;\n\n**Example**\n\nOther reasonably available means may include directions to the jury, making a proceeding suppression order, or orders excluding only certain persons or a more limited class of persons from the court or tribunal.\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 complainant or witness in any criminal proceeding involving a sexual offence or a family violence offence;\n\n(e) the order is necessary to avoid causing undue distress or embarrassment to a child who is a witness in any criminal proceeding;\n\n(f) in the case of VCAT, the order is necessary—\n\n(i) to avoid the disclosure of confidential information or information the subject of a certificate under section 53  \nor 54 of the **Victorian Civil and Administrative Tribunal Act 1998**;\n\n(ii) for any other reason in the interests of justice.\n\n(3) The Coroners Court may make a closed court order if the coroner constituting the Coroners Court reasonably believes that an order is necessary in the public interest, having regard to the matters specified in Part 2 of the **Coroners Act 2008**.\n\n\t31 Requirement to post notice of closed court order on door of court or tribunal\n\nIf a closed court order has been made, the court or tribunal must cause a copy of the order to be posted—\n\n(a) on a door of the court or tribunal; or\n\n(b) in another conspicuous place where notices are usually posted at the place where the court or tribunal is being held.\n\n\t32 Offence to contravene closed court order\n\nA person must not engage in conduct that constitutes a contravention of a closed court order that is in force if that person—\n\n(a) knows that the closed court order is in force; or\n\n(b) is reckless as to whether a closed court order is in force.\n\nPenalty: in the case of an individual, level 6 imprisonment (5 years maximum) or 600 penalty units, or both;\n\nin the case of a body corporate, 3000 penalty units.\n\nPart 6—General\n\n\t33 Regulations\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) The regulations may—\n\n(a) be of general or limited application;\n\n(b) differ according to differences in time, place or circumstances;\n\n(c) confer a discretionary authority or impose a duty on a specified person or body or class of persons or bodies;\n\n(d) provide in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations—\n\n(i) whether unconditionally or on specified conditions; and\n\n(ii) either wholly or to any extent that is specified.\n\nPt 6A (Headings and ss 33A–33L) inserted by No. 11/2020 s. 40, amended by No. 27/2020 s. 37, repealed by No. 58/2013 s. 33L (as amended by No. 27/2020 s. 37).\n\n* * * * *\n\nPart 7—Transitional provisions\n\n\t34 Transitional\n\nThis Act applies in relation to a proceeding (including any interlocutory proceeding)—\n\n(a) that is commenced in, or transferred to, a court or tribunal on or after the commencement of section 17; or\n\n(b) that has commenced in a court or tribunal but has not been heard and determined by the court or tribunal immediately before the commencement of section 17.\n\n\t35 Power to resolve transitional difficulties in proceeding\n\n(1) If any difficulty arises because of the operation of this Act in relation to a proceeding referred to in section 34, a court or tribunal may make any order it considers appropriate to resolve the difficulty.\n\n(2) An order made under subsection (1)—\n\n(a) may be made on application of a party to the proceeding or on the court's or tribunal's own motion, as the case requires; and\n\n(b) has effect despite any provision to the contrary made by or under any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**).\n\nS. 36 repealed by No. 58/2013 s. 36(4).\n\n* * * * *\n\nPt 8 (Headings and ss 37–67) repealed by No. 58/2013 s. 67.\n\n* * * * *\n\n═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 27 June 2013*\n\n *Legislative Council: 5 September 2013*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to reform and consolidate provisions for and powers relating to suppression orders and closed court orders, to make consequential amendments to various Acts and for other purposes.\"\n\nThe **Open Courts Act 2013** was assented to on 22 October 2013 and came into operation on 1 December 2013: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Open Courts Act 2013** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Open Courts Act 2013, No. 58/2013**\n\n| *Assent Date:* | 22.10.13 |\n| --- | --- |\n| *Commencement Date:* | Ss 36(4), 67 on 1.12.13: s. 2(2); s. 33L inserted on 25.4.20 by No. 11/2020 s. 40: s. 2 (as amended by No. 27/2020 s. 37) |\n| *Note:* | S. 67 repealed Pt 8 (ss 37–67) on 1.12.14; s. 36(4) repealed s. 36 on 1.12.15; s. 33L repealed Pt 6A (ss 33A–33L) on 26.4.21 |\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| Assent Date: | 26.8.14 |\n| --- | --- |\n| Commencement Date: | Ss 176, 177 on 27.8.14: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**Sex Offenders Registration Amendment Act 2016, No. 21/2016**\n\n| Assent Date: | 26.4.16 |\n| --- | --- |\n| Commencement Date: | S. 23 on 1.2.17: s. 2(2) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**Confiscation and Other Matters Amendment Act 2016, No. 27/2016**\n\n| *Assent Date:* | 31.5.16 |\n| --- | --- |\n| *Commencement Date:* | S. 44 on 1.6.16: s. 2(1) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**National Domestic Violence Order Scheme Act 2016, No. 53/2016**\n\n| Assent Date: | 18.10.16 |\n| --- | --- |\n| Commencement Date: | S. 110 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**Serious Offenders Act 2018, No. 27/2018**\n\n| Assent Date: | 26.6.18 |\n| --- | --- |\n| Commencement Date: | S. 361 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**Open Courts and Other Acts Amendment Act 2019, No. 11/2019**\n\n| Assent Date: | 7.5.19 |\n| --- | --- |\n| Commencement Date: | Ss 4–12 on 7.2.20: s. 2(2) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**\n\n| Assent Date: | 24.4.20 |\n| --- | --- |\n| Commencement Date: | S. 40 on 25.4.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**\n\n| Assent Date: | 20.10.20 |\n| --- | --- |\n| Commencement Date: | S. 37 on 21.10.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| --- | --- |\n| Commencement Date: | S. 110 on 26.4.21: s. 2(2) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022**\n\n| Assent Date: | 6.9.22 |\n| --- | --- |\n| Commencement Date: | S. 90 on 7.9.22: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n\n\n**Justice Legislation Amendment Act 2023, No. 26/2023**\n\n| Assent Date: | 10.10.23 |\n| --- | --- |\n| Commencement Date: | Ss 7, 8 on 11.10.23: s. 2(1) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n**Youth Justice Act 2024, No. 32/2024**\n\n| Assent Date: | 10.9.24 |\n| --- | --- |\n| Commencement Date: | S. 836 on 30.9.25: s. 2(2) |\n\n| *Current State:* | This information relates only to the provision/s amending the **Open Courts Act 2013** |\n| --- | --- |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2013 framework. While originally focused on consolidating suppression order powers, it has expanded to: (1) explicitly enshrine open justice as a 'fundamental aspect' of the legal system (2019 amendments); (2) add detailed electronic communication and remote hearing provisions responding to the pandemic (2021-2023 amendments); (3) create specific protections for family violence offences and non-local DVOs (2016 amendments); (4) add victim-centric review mechanisms allowing victims to seek revocation of orders (2019); and (5) incorporate transcript publication restrictions for electronically provided proceedings (2023). The Act has evolved from a procedural consolidation into a comprehensive transparency and victim-rights framework."},"complexity_factors":["Multiple overlapping order types: proceeding suppression orders, interim orders, broad suppression orders (County/Magistrates' Court), and closed court orders, each with different procedural requirements","Extensive cross-referencing to other Acts (Family Violence Protection Act 2008, Criminal Procedure Act 2009, National Domestic Violence Order Scheme Act 2016, etc.) for definitions and parallel suppression regimes","Nested exceptions and carve-outs: section 8 preserves other statutory suppression regimes, creating a complex hierarchy of overlapping prohibitions","Geographic scope rules: orders can extend beyond Victoria but only if 'necessary' (sections 21, 26(4)), creating conditional extraterritorial application","Detailed procedural requirements for notice (3 business days), notifications to media, review mechanisms, and mandatory statements of reasons with specific exceptions","Amendment history visible in text: numerous 'inserted by' and 'substituted by' notations indicating evolutionary complexity (17 versions as at September 2025)","Specific victim consent provisions for review of orders involving sexual/family violence offences (section 15(1B)-(1C)) with age and appropriateness caveats","COVID-19 era provisions (sections 8A-8B) creating alternative mechanisms for open justice through electronic means, with fee exemptions and transcript restrictions"],"plain_english_summary":"**What this law does:**\n\nThe *Open Courts Act 2013* (Victoria) sets the rules for when courts and tribunals can keep information secret or hold hearings behind closed doors. It tries to balance two competing ideas: **open justice** (the public's right to know what happens in court) and **protecting sensitive information** (when disclosure could cause serious harm).\n\n**Who it affects:**\n\n- **Courts and tribunals** – including the Supreme Court, County Court, Magistrates' Court, Coroners Court, and VCAT\n- **Parties to legal proceedings** – victims, witnesses, defendants, and litigants\n- **News media organisations** – who must often be notified of suppression order applications\n- **The general public** – who may be excluded from certain hearings or prevented from accessing certain information\n\n**Key things the Act does:**\n\n- **Creates suppression orders** – legal bans on publishing information about court cases. These can apply to specific details (like a victim's name) or entire proceedings.\n- **Sets strict tests for secrecy** – courts can only make these orders if there's a real and substantial risk to justice, national security, personal safety, or to prevent undue distress to victims of sexual or family violence offences.\n- **Allows closed court orders** – hearings can be held in private when necessary, though this is meant to be rare.\n- **Protects victims of sexual and family violence** – special provisions allow suppression of their identities to prevent distress or embarrassment.\n- **Modernises court processes** – explicitly allows judgments to be delivered electronically and hearings to be broadcast/recorded without breaching open justice principles (sections 8A–8C).\n- **Creates criminal offences** – it's a serious crime (up to 5 years prison) to breach a suppression order or closed court order.\n\n**Why it matters:**\n\nThis law is the central framework governing transparency in Victorian courts. It ensures that secrecy is the exception, not the rule, while protecting vulnerable witnesses and ensuring fair trials. The 2019 amendments strengthened the \"open justice\" principle, making it harder to get suppression orders and giving victims more say in whether orders affecting them should be lifted."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication the Act's scope changed materially from its original intent. The Act appears to have been consolidated (updated to reflect amendments) but its core purpose — codifying and restricting the use of suppression and non-publication orders in Victorian courts — remains consistent with its original design."},"complexity_factors":["Balances competing rights (open justice vs privacy/safety), requiring case-by-case judicial judgment","Interacts with numerous other pieces of legislation that contain their own suppression or non-publication provisions","Applies across multiple court and tribunal types with varying procedural rules","The provided legislative text is extremely sparse — only metadata is available, making full assessment difficult","Suppression order grounds involve nuanced legal tests (e.g. 'necessary' vs 'desirable') that require interpretation","Standing rules for who can challenge orders add procedural complexity"],"plain_english_summary":"## Open Courts Act 2013 (Victoria)\n\nThis Act establishes a legal framework for maintaining **open justice** in Victorian courts and tribunals — the fundamental principle that court proceedings should be open to the public and the media.\n\n### What does it do?\n- Sets out when courts and tribunals **can** restrict public access to proceedings or suppress (ban) publication of information\n- Requires judges to actively consider whether suppression orders (orders banning reporting of court matters) are truly necessary before making them\n- Introduces a **presumption in favour of openness** — meaning courts must start from the position that proceedings should be public, and justify any restrictions\n- Gives media organisations and members of the public the right to challenge suppression orders\n\n### Who does it affect?\n- **Journalists and media organisations** reporting on court cases\n- **Members of the public** who want to observe or learn about court proceedings\n- **Judges and tribunal members** who must follow stricter rules before restricting access\n- **Parties in legal proceedings** (people involved in court cases) who may want privacy\n- **Accused persons, witnesses, and victims** whose information might be subject to publication\n\n### Why does it matter?\nBefore this Act, suppression orders were sometimes made too readily, preventing the public from knowing what happens in their courts. This Act pushes back against unnecessary secrecy, reinforcing that justice should be **seen to be done** — not just done behind closed doors. It balances the public's right to know against legitimate needs for privacy or safety."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates a number of post‑enactment changes that altered its practical scope compared with the 2013 baseline. Notable scope changes in the text supplied include: the statutory clarification that electronic delivery of judgments and provision of audio/video broadcasts or transcripts do not breach open‑justice rules and must generally be provided free when offered under s.8B (ss.8A–8C; s.8B(3)–(4)); additions and refinements to definitions and grounds for orders (for example, express inclusion of family violence offences and related protections in the definitions and grounds, s.3 and s.18(d)); express limits preventing courts from duplicating other statutory publication prohibitions (s.8(1A)); and procedural changes such as the requirement to give statements of reasons (s.14A) and media‑notification duties (s.10–11). The Table of Amendments in the source text records those insertions and amendments (e.g. Nos 11/2019, 11/2021, 38/2022, 26/2023, 32/2024), showing that the Act’s operational scope was expanded and refined after its original enactment. These changes shift some responsibilities (for example, operational duties on courts to provide electronic access and to notify media) and add specific protections and review routes (notably for victims in sexual‑offence and family‑violence matters) that were not present in identical form in the original 2013 text."},"complexity_factors":["Multiple distinct order types with overlapping but different rules (proceeding suppression orders, interim orders, broad suppression orders, closed court orders) across Parts 2–5","Numerous discretionary judicial tests framed as \"satisfied\" or \"necessary\" (s.4(2), s.18, s.30) requiring case‑by‑case judgments","Cross‑references and preservation of other statutory regimes that must be checked before making orders (s.8, s.8(1A))","Detailed procedural requirements (notice periods s.10; media notification s.11; specificity s.13; evidence standard s.14; reasons s.14A; review rights s.15)","Serious criminal penalties for contravention (ss.23, 27, 32) creating high compliance risk for publishers and individuals","Provisions for electronic delivery and free access to broadcast/recordings/transcripts that create operational burdens and interaction with other fee regimes (ss.8A–8C, s.8B(3)–(4))","Possibility of extra‑territorial application limited by a necessity requirement (ss.21(2)–(3), 26(3)–(4)) which adds legal complexity","Ambiguous standards such as \"sufficient credible information\" (s.14) and carve‑outs to reasons or notice that create edge cases","Interplay with victims' review rights and protections in sexual‑offence and family‑violence contexts (s.15(1B)–(1C))","History of multiple amendments and insertions (Table of Amendments) increasing interpretive complexity"],"plain_english_summary":"# What this law does, who it affects, and how it works\n\n- What it changes mechanically\n  - Establishes open justice as the default rule: courts and tribunals must treat openness as the primary principle and may only restrict publication or close hearings where specific circumstances justify doing so (s.4, s.28).  \n  - Creates a single statutory framework for different kinds of orders that limit publication or public attendance: proceeding suppression orders, interim orders, broad suppression orders, and closed court orders (Parts 2–5; defined in s.3).  \n  - Replaces the common‑law power to make publication‑limiting orders with a statutory regime while preserving the Supreme Court's inherent jurisdiction (s.5).  \n  - Sets procedural rules for applications: notice to the court and parties (normally 3 business days) (s.10), an obligation on the court to notify relevant news media organisations (s.11), and specification requirements for the scope and duration of orders (ss.12–13).  \n  - Requires a court to be satisfied of grounds for an order on evidence or credible information (s.14), and generally to provide reasons for suppression orders (s.14A) subject to limited exceptions.  \n  - Creates criminal offences and high penalties for deliberate or reckless contravention of suppression, publication‑prohibition and closed court orders (s.23, s.27, s.32). Penalties include up to 5 years imprisonment or large monetary penalties for individuals and large fines for corporations.  \n  - Preserves other statutory publication controls: the Act does not override other Acts that already prohibit or restrict publication and disallows courts from making a suppression order duplicating such statutory prohibitions (s.8, s.8(1A)).  \n  - Enables courts to hand down judgments and operate hearings by electronic means without breaching open‑justice rules, and to provide contemporaneous or later audio/video broadcasts or transcripts to the public; courts decide the appropriate means and must not charge for such access when provided under s.8B(1)–(3) (ss.8A–8C).  \n\n- Who is affected (who pays, who decides, who bears risk)\n  - Courts and tribunals: must apply the statutory primacy of open justice, take steps to notify media of applications, post closed‑court orders at the hearing location, decide whether grounds for restricting openness are met, and (in many cases) provide statements of reasons (ss.4, 10, 11, 14A, 31).  \n  - Applicants for suppression or closed‑court orders (parties, other persons, or courts on their own motion): must usually give notice of applications (s.10); they initiate the process that can restrict publication (s.19).  \n  - News media organisations: defined in s.3, entitled to be notified and to appear and be heard on applications and reviews (ss.11, 19(2)(e), 15(1)(b)(v)). Media and other publishers carry the compliance risk and potential criminal exposure for contravening orders (ss.23, 27, 32).  \n  - Members of the public and victims: may be affected by suppression and closed‑court orders; victims in sexual‑offence or family‑violence cases have express review rights to seek revocation in certain circumstances (s.15(1B)–(1C)).  \n  - Courts bear administrative and operational costs where electronic access is provided free (s.8B(3)–(4)) and must decide what means of access best serve the interests of justice (s.8B(2)).\n\n- How the law decides when to restrict openness (grounds and limits)\n  - The statute lists grounds that can justify suppression or closure: preventing substantial prejudice to administration of justice, national/international security, protecting safety, avoiding undue distress or embarrassment to complainants/witnesses (including children), preserving confidentiality at VCAT, and public‑interest grounds in coronial matters (ss.18(1), 18(2), 30(2), 30(3)).  \n  - Orders must be no broader or longer than necessary; courts must specify the scope with particularity (ss.12, 13, 16).  \n  - Interim orders may be made without determining merits, but the substantive application must then be dealt with urgently (s.20).  \n  - Suppression orders can be made to apply outside Victoria only if the court is satisfied it is necessary to achieve the order's purpose (ss.21(2)–(3), 26(3)–(4)).\n\n- Procedural checks and remedies\n  - Persons listed (parties, Attorney‑General(s), news media, victims in certain cases, and any person the court considers to have sufficient interest) may appear, apply for review, and be heard when orders are reviewed (ss.15(1), 19(2)).  \n  - On review the court may confirm, vary or revoke orders; the Act creates a presumption in favour of revocation in certain victim‑initiated review circumstances subject to protections for others (s.15(1B)–(1C), s.15(3)).  \n\n- Claimed purposes (as stated in the Act) and an evidence‑focused check against costs and trade‑offs\n  - The Act explicitly says its main purposes are to recognise open justice as fundamental and to reform and consolidate suppression and closed‑court rules across courts and tribunals (s.1). That stated purpose implies centralisation of decision‑making and clearer procedure.  \n  - Trade‑offs and costs that follow mechanically from the Act's design:  \n    - Concentrated decision power and discretion sit with courts: many provisions operate on the court being \"satisfied\" that particular grounds exist, so judicial judgment determines when openness is displaced (s.4(2), s.18, s.30).  \n    - Compliance burden and criminal risk fall on publishers and individuals who might publish material restricted by orders; penalties are high and include imprisonment for individuals (ss.23, 27, 32).  \n    - Administrative and operational costs fall to courts (and indirectly to the public purse) where the courts provide free contemporaneous broadcasts, recordings or transcripts under s.8B(1)–(3); s.8B(4) states that the no‑fee rule overrides other Acts or regulations fixing fees (except the Charter).  \n    - The Act limits overlap with existing statutory regimes by preventing courts from making orders that duplicate other statutory prohibitions (s.8(1A)), which reduces legal uncertainty in some cases but requires courts to check other statutory controls before making suppression orders (s.8).  \n    - Interim orders allow speedy closure of publication risk without full merits consideration (s.20), which reduces immediate publication risk but raises a risk of temporary restraints that later may be found unnecessary.  \n\n- Practical implementation and discretion points that raise implementation risk or opportunity costs\n  - Courts decide what is \"necessary\" and what means of electronic access are \"most appropriate\" (s.8B(2), s.4(2), s.30(1)), giving them room to shape practice across jurisdictions.  \n  - Notices and media notification duties create operational obligations on courts (ss.10–11); failure to give notice can be excused by the court if good reason exists (s.10(3)).  \n  - Requirement for statements of reasons (s.14A) improves transparency but contains carve‑outs (interim orders, variations specifying purpose, revocations, or when giving reasons would render an order ineffective). Non‑compliance does not affect validity (s.14A(3)), which limits a procedural remedy for omission.  \n  - Extra‑territorial effect is possible (orders may apply anywhere in Australia) but constrained by the requirement that it be necessary to achieve the order's purpose (s.21(2)–(3); s.26(3)–(4)).\n\n- Net effects on private choice, competition and information flows (mechanical, not prescriptive)\n  - Publishers face a statutory regime that prioritises open access but creates lawful pathways for targeted restriction when specific harms are shown (s.4, ss.18–20).  \n  - Media organisations have standing to be heard and to apply for review, preserving avenues to challenge restrictions (ss.11, 15, 19(2)(e)).  \n  - The Act encourages courts to use technology to preserve openness where physical public attendance is reduced, by allowing electronic delivery of judgments and broadcasts/transcripts to the public at no charge when provided under the statutory routes (ss.8A–8C, s.8B(3)–(4)).\n\nReferences to key provisions: s.1 (purposes); s.3 (definitions); s.4 (open‑justice primacy); s.5 (abrogation of common law power); ss.8–8C (electronic judgments and broadcasts); ss.9–16 (general suppression order rules); ss.17–23 (proceeding suppression orders); ss.24–27 (broad suppression orders); ss.28–32 (closed court orders); ss.33, 34–35 (regulations and transition)."}},"importantCases":[],"_links":{"self":"/api/acts/open-courts-act-2013","history":"/api/acts/open-courts-act-2013/history","analysis":"/api/acts/open-courts-act-2013/analysis","conflicts":"/api/acts/open-courts-act-2013/conflicts","importantCases":"/api/acts/open-courts-act-2013/important-cases","documents":"/api/acts/open-courts-act-2013/documents"}}