New South Wales Law Reform Commission Paper on Publication Bans

The New South Wales Law Reform Commission in Australia has issued a Consultation Paper on Open justice: Court and tribunal information: access, disclosure and publication.

It is part of a consultation process into whether current arrangements for court-ordered publication bans strike the right balance between the proper administration of justice, the open courts principle, the rights of victims and witnesses (for example, children involved in court proceedings and complainants in sexual offence proceedings), privacy, confidentiality, public safety, the right to a fair trial, national security, commercial/business interests, and the public interest in open justice.

It will also look into whether such bans can remain effective in the digital environment.

The document examines the situation in New South Wales, other Australian states, New Zealand as well as England and Wales.

The full terms of reference for the project are on the Commission's website.