Suppression orders

Suppression orders are sometimes referred to as non-publication orders in other jurisdictions.

In 2025, suppression orders were granted in less than 0.06% of criminal proceedings heard in the Magistrates’ Court of Victoria (MCV).
 

Overview

Suppression orders may be granted for a variety of reasons, including to protect:

• the safety of any person
• the administration of justice
• national or international security interests.

Suppression orders may restrict or prohibit information in a proceeding or the entire proceeding from being published.

They can be ordered for varying durations or until a further order is made by a higher court.

They can prohibit publication in Victoria, or all states and territories.

Each suppression order is different. The magistrate is required to consider the facts and circumstances in the application in the context of the case that they are hearing.

Disobeying a suppression order can attract substantial penalties.
 

Applications

Suppression order applications can be made under the:  

• Open Courts Act 2013
• Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
• Independent Broad-Based Anti-Corruption Commission Act 2011
• Evidence (Miscellaneous Provisions) Act 1958.
   

Who can apply

An application for a suppression order can be made by a party to the proceeding, including the prosecution or defence.

The court can also make a suppression order on its own motion.
 

Timeframes

In Victoria, a party making an application for a suppression order must give 3 business days’ notice.

The court may hear suppression order applications with less than 3 days’ notice if:

• it is in the interests of justice to do so
• there was a good reason the timeframe was not met.

 

Suppression order application hearing

At the court hearing, the magistrate will hear submissions from both parties.

If a journalist is present, they or their legal representative may also make submissions about the application.

Suppression order applications are heard in open court, unless a closed court order is made.

If a suppression order application is granted, subsequent hearings are still heard in open court, unless a closed court order is made.
 

Suppression orders made by MCV

Processes for suppression orders vary across Australian jurisdictions. This can make it difficult to make direct comparisons between courts and jurisdictions.

For example, in Victoria, several suppression orders may be granted throughout the lifetime of a matter that relate to the same proceeding.
 

Example

In the matter of John CITIZEN, an interim (temporary) suppression order was granted by a magistrate at the first hearing to allow parties more time to gather supporting material for the substantive (final) suppression order hearing at a later date.

At the substantive suppression order hearing, a proceeding (final) suppression order was granted for a 2-year period.

Therefore, 2 suppression orders were granted for the one court proceeding.

Since 2020, on average, suppression orders were granted in less than 0.06% of criminal court proceedings heard in the MCV.