Open justice is a central pillar of the Australian court system. Any departures from it must occur only when necessary. These materials help explain when orders departing from the open justice principle are appropriate.

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Open Courts Bench Book Cover

The Open Courts Bench Book is the College’s primary resource on issues under the Open Courts Act 2013. It describes the various types of orders, the bases for orders, and the drafting of orders.

The following materials can assist in understanding the Open Courts and Other Acts Amendment Act 2019, which commenced in February 2020.

  • Document

    Summary of 2019 Amendments to the Open Courts Act 2013

    A one-page overview of the effects of the 2019 amendments to the Open Courts Act 2013.
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  • Document
    LAW

    Legislative Limits on Publication and Protecting Certain Information

    Open Courts Act 2013 s 8 restricts the ability of courts to make suppression orders over content already restricted by other laws. This document outlines the other laws which narrow the scope of suppression orders for the purpose of s 8.
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  • Document
    LAW

    Whether or Not to Make an Order under the Open Courts Act 2013

    This flowchart provides a visual representation of the test for making an order under the Open Courts Act 2013.
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  • Document
    LAW

    Drafting Considerations and Restrictions for Suppression Orders under the Open Courts Act 2013

    This flowchart directs attention to the matters that must be specified in a suppression order.
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