Secretary of the Department of Communities and Justice & X (No. 3)

The proceedings involved the Secretary of the Department of Communities and Justice as the applicant, and parties identified as X, Y, and Z as respondents. Several media organisations, including News Corp Australia, Nine Network Australia Pty Ltd, Fairfax Media Publications Pty Ltd, Special Broadcasting Service Corporation, and Australian Broadcasting Corporation, intervened in the matter. The core of the dispute concerned the continuation and modification of existing suppression and non-publication orders.

The court was required to determine whether the existing suppression and non-publication orders, which had been modified, were necessary for the protection of the safety of certain individuals, including the children involved in the proceedings, witnesses, and professionals providing services to the children and respondents. The court also had to consider whether these orders were proportionate to the identified risks and justified in all the circumstances, and to set a date for their expiry.

Aldridge J reasoned that the suppression and non-publication orders were necessary for the protection of the safety of the specified individuals, including children, witnesses, and service providers. The court applied section 102PE of the *Family Law Act 1975* (Cth) and the implied jurisdiction of the court to make these orders. The court found that the orders were proportionate to the risks faced by the individuals and were justified in the circumstances. The orders were made by consent and were to continue until a specified redacted date.

The court ordered that, until a redacted date, publication or disclosure of specific information tending to reveal the location or identity of certain persons, including children, witnesses, and service providers, was prohibited. This prohibition extended to images of these individuals and any details from the court file that could identify them. The orders also prohibited the publication of evidence or information about evidence in the proceedings, information obtained through discovery, or information produced under a subpoena or lodged with the court, where such publication was necessary to protect the safety of the listed persons. However, exceptions were made to allow disclosure of necessary information to professionals providing services to the children and respondents, and for specific purposes such as school enrolment or accessing services, provided no identification of relationships was made.