Supreme Court of New South Wales

Non-publication

Success alert
NPO Quick Check

The Supreme Court Media Unit advises journalists and media lawyers when non-publication and suppression orders are made, varied or revoked. If there is any doubt regarding the suppression or non-publication of any proceedings or documents, please contact the Supreme Court Media Unit.

"The principle of open justice is a fundamental aspect of the system of justice in Australia and the conduct of proceedings in public is an essential quality of an Australian court of justice ... However, in appropriate cases courts have jurisdiction to modify and adapt the content of general rules of open justice and procedural fairness and to make non-publication orders for particular kinds of cases."  

Judicial Commission of NSW, Criminal Trial Courts Bench Book, [1-349] Closed Court, suppression and non-publication orders

The publication inadvertent or otherwise of suppressed information can have serious consequences for the administration of justice. For example, criminal trials can be prejudiced and even aborted, protected witnesses can be placed in danger, and commercially sensitive or confidential information can be revealed. For further information about non-publication orders and statutory provisions, refer to the Criminal Trial Courts Bench Book, published by the Judicial Commission of NSW.

Statutory non-publication

Court proceedings and documents can be suppressed or temporarily prohibited from publication by legislative provisions, among them:

Orders made by courts

Warning alert
Court Suppression and Non-publication Orders Act 2010 (NSW)

The CSNPO Act provides for the making of suppression and non-publication orders by courts. Find out more about this important legislation.

 

Criminal appeals

For some matters before the Court of Criminal Appeal, such as interlocutory applications in current or pending trials, a formal NPO might not be in place but caution should still be exercised in publishing material about the appeal to avoid the risk of prejudice to a current or pending trial.

Last updated:

17 Mar 2024

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