Victoria to curb suppression orders protecting rapists

Victoria's government has proposed sweeping reforms to suppression order laws, aiming to stop convicted rapists from hiding their identities ahead of the state election.

Victoria to curb suppression orders protecting rapists

Newly-appointed Victorian Premier Ben Carroll has proposed a suite of reforms to strengthen protections for victim-survivors of family and sexual violence.

It follows recent criticism over the widespread use of suppression orders in Victoria's court system, including cases where convicted offenders' identities have been kept secret.

The announcement comes ahead of the state election in November, with the Labor Government saying they will implement the changes only if re-elected.

Here's what you need to know.

Suppression orders

Australia's judicial system is based on the principle of "open justice".

Court proceedings are normally available for the public to see and for the media to report on.

However, suppression orders (also known as 'gag orders') can be enforced to restrict what is made public.

Under these orders, it becomes an offence to publish details the judge has asked to be kept secret.

Anyone found in breach of a suppression order risks penalties including prison and heavy fines.

Why?

There are several reasons why a judge could decide to keep details like the names of alleged victims and perpetrators sealed from the public.

For example, alleged victims of crimes can request a suppression order to stop their name being revealed, due to the stress of being in the public eye.

Suppression orders can also protect children who are accused of, or victims of, crimes.

A judge might also allow an order if an alleged offender's safety is at risk.

In Victoria, this has increasingly been taken to include mental health reasons.

Victoria

Victoria issues more suppression orders than most other states.

A Monash University analysis found Victorian courts issued 521 suppression orders in 2023, well above South Australia (308) and NSW (133).

Earlier this year, outlets including the Herald Sun, The Age and the ABC wrote to the state's Attorney-General warning suppression orders were increasingly being granted on mental health grounds.

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Attorney-General Sonya Kilkenny committed to review the laws, saying suppression orders "should only be used in exceptional circumstances."

Proposed reforms

On Tuesday, the Victorian Government announced, if re-elected, it will introduce a bill to limit when suppression orders can be used.

The announcement said the change means convicted rapists "can't hide behind a mechanism intended to protect victim-survivors."

As part of its proposal, the Government will review the use of interim suppression orders, and examine the grounds on which suppression orders are issued in criminal trials.

The Victorian Government's proposal also included:

Making coercive control a standalone criminal offence

Removing "good character" references as a factor courts can weigh in sentencing

Strengthening Family Violence Intervention Orders, so victim-survivors have to return to court less often

Expanding fine relief for victim-survivors whose fines have been "weaponised" by perpetrators

Other changes

Separately, the Government wants to make it unlawful to discriminate against someone because they are experiencing, or have experienced, family violence, including denying them a promotion or a rental property.

Kilkenny said: "Victim-survivors should never have to fight their way through the justice system – these reforms put their safety and their voice first."

What's next?

Carroll took over as leader from Jacinta Allan just weeks ago.

Tuesday's announcement is a campaign promise, meaning the reforms will hinge on Labor's re-election on 28 November.

However, Shadow Attorney-General, James Newbury told a press conference that the state's Opposition Coalition is "committed to fixing suppression orders because there is clearly a problem."

Opposition Leader Jess Wilson told TDA "Protecting women and victim-survivors from abuse should never be political."

We will always stand on the side of victim-survivors."

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