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

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An Act to provide for the making of suppression and non-publication orders by courts.

Part 1Preliminary1Name of Act

This Act is the Court Suppression and Non-publication Orders Act 2010.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions

In this Act—

court means—

  • (a)

    the Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court or Children’s Court, or

  • (b)

    any other court or tribunal, or a person or body having power to act judicially, prescribed by the regulations as a court for the purposes of this Act.

information includes any document.

news media organisation means a commercial enterprise that engages in the business of broadcasting or publishing news or a public broadcasting service that engages in the dissemination of news through a public news medium.

non-publication order means an order that prohibits or restricts the publication of information (but that does not otherwise prohibit or restrict the disclosure of information).

party to proceedings includes the complainant or victim (or alleged victim) in criminal proceedings and any person named in evidence given in proceedings and, in relation to proceedings that have concluded, means a person who was a party to the proceedings before the proceedings concluded.

proceedings means civil or criminal proceedings.

publish means disseminate or provide access to the public or a section of the public by any means, including by—

  • (a)

    publication in a book, newspaper, magazine or other written publication, or

  • (b)

    broadcast by radio or television, or

  • (c)

    public exhibition, or

  • (d)

    broadcast or publication by means of the Internet.

suppression order means an order that prohibits or restricts the disclosure of information (by publication or otherwise).

s 3: Am 2016 No 48, Sch 2.11; 2023 No 41, Sch 2.11.

4Inherent jurisdiction and powers of courts not affected

This Act does not limit or otherwise affect any inherent jurisdiction or any powers that a court has apart from this Act to regulate its proceedings or to deal with a contempt of the court.

5Other laws not affected

This Act does not limit or otherwise affect the operation of a provision made by or under any other Act that prohibits or restricts, or authorises a court to prohibit or restrict, the publication or other disclosure of information in connection with proceedings.

Part 2Suppression and non-publication orders6Safeguarding public interest in open justice

In deciding whether to make a suppression order or non-publication order, a court must take into account that a primary objective of the administration of justice is to safeguard the public interest in open justice.

7Power to make orders

A court may, by making a suppression order or non-publication order on grounds permitted by this Act, prohibit or restrict the publication or other disclosure of—

  • (a)

    information tending to reveal the identity of or otherwise concerning any party to or witness in proceedings before the court or any person who is related to or otherwise associated…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.