Victoria's state government is planning to amend the Open Courts Act to prevent convicted rapists from using suppression orders to shield their identities from the public. The proposed changes, announced by Premier Ben Carroll, would limit the use of such orders if the Labor government is re-elected in November.
Carroll stated that suppression orders were intended to protect victims, not convicted offenders. "Suppression orders were designed to protect victim-survivors, not convicted rapists," he told reporters on Tuesday, joined by Attorney-General Sonya Kilkenny.
Changes made to the Open Courts Act in 2013 broadened the grounds for obtaining a suppression order, shifting the wording from protecting a person's 'physical safety' to simply their 'safety.' This adjustment has made it more difficult to challenge these orders. According to Justin Quill, a partner at law firm Thomson Geer, defendants have increasingly cited mental health concerns, supported by psychiatric reports, as grounds for suppression orders.
Notable cases where this legal avenue was used include Tom Silvagni, son of AFL great Stephen Silvagni, and entertainment and sports manager Ralph Carr. Both men successfully had their identities suppressed for extended periods while facing rape charges. Silvagni's name was kept from public knowledge for 18 months, while Carr's was suppressed for nearly three years. Both were ultimately convicted, and the suppression orders were subsequently lifted.
Attorney-General Sonya Kilkenny indicated that an advisory group is reviewing other potential loopholes that individuals accused or convicted of crimes may exploit. This review will examine interim suppression orders, their duration, and the criteria for their issuance. "If there are loopholes, we are going to close them, and they can't be abused or exploited," Kilkenny said. She emphasized the need for open justice while acknowledging the balance required with an accused person's right to a fair trial.
The proposed change aligns with broader legislative efforts by the Labor government to enhance family violence protections. The government has introduced a bill that would make coercive control a standalone offense and prohibit the use of good-character references in sentencing for convicted offenders. The bill also aims to amend the Equal Opportunity Act to outlaw discrimination against family violence victim-survivors, strengthen family violence intervention orders, and expand personal safety intervention orders to include grooming.
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