SA loses ‘suppression state’ mantle to Victoria as number of court-imposed secrecy orders declines over 12-year period

For years SA was known as the suppression state due to our judges’ eagerness to impose secrecy orders. We’ve crunched 12 years of data to find out whether things have improved.

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South Australia has finally lost its shameful status as the nation’s “suppression state”, but an expert says courts must build on that momentum if they are to restore public confidence in justice.

An Advertiser study of Australia’s suppression orders over the past 12 years has revealed SA now ranks third, of all jurisdictions, in the issuing of court-imposed secrecy gags.

The number of orders has been in steady decline since a 2007 press freedom campaign that saw state law rewritten, allowing Victoria to overtake SA as the country’s most secretive courts.

So far this year, SA’s courts have issued 117 secrecy orders in 187 sitting days — well below the 220 issued, per year, during the era of the “bodies in the barrels” serial killings trial.

Suppression orders imposed by SA courts since 2007.

Associate Professor Dr Joseph Fernandez, from Curtin University’s journalism and communications department, said that was encouraging — but not cause for celebration.

“For me, one suppression order is one too many in the face of the courts system’s vaunted, profound commitment to open and transparent justice,” he said.

“In an era where studies show public trust in public institutions is in significant decline, the courts can ill-afford to fall victim to that decline.

“They are the last bastion in this global erosion of public trust — committing to transparency would allow them to give citizens what they’re not getting from other institutions.”

Nic Klar reads the The Advertiser’s Monday edition, with blanked-out front page to launch the Your Right To Know campaign. Picture: AAP / Kelly Barnes

In 2007, the former State Government responded to the rising use of suppression orders, and a combined Advertiser/ABC/Seven News campaign for change by rewriting the Evidence Act (1929).

The amendments emphasised courts must prioritise the public’s right to know, and the consequential right of the media to publish, when considering suppression bids.

As a result, the number of orders steadily declined, and dropped to just 140 in 2014 — only to spike by more than 50 per cent to 206 the following year.

While the number of orders stabilised at 154 by November 2017, the frequency of imposition increased, with courts imposing 21 of those suppressions in just 21 days.

By the end of that year, the number of suppressions stood at 179 — the following year, an identical number of secrecy orders were imposed.

So far, 2019’s tally stands at 117 — three orders less than NSW, and well below Victoria’s 251 publication gags.

Attorney-General Vickie Chapman said suppression orders remained “a useful tool, particularly for protecting victims”, but should be used only when necessary.

“We need to ensure our justice system is in line with community expectations and victim’s rights,” she said.

“I am pleased to see the number of suppressions imposed across SA’s courts decline, showing greater openness in our justice system,” she said.

“I am hoping these numbers will decline even further if the government’s legislation to get rid of automatic suppression orders in sexual offending cases passes Parliament.”

Opposition justice spokesman Kyam Maher said the former Labor Government’s reforms had positively affected open, transparent justice.

“We welcome the effects of that — of course, transparency must always be balanced with protecting victims,” he said.