Watchdog in late-night bid to gag The Australian

A Victorian government watchdog launched Supreme Court ­action at 2am (AEDT) on Monday in a bid to prevent The Australian publishing more reports on an unfolding child protection scandal.

A Victorian government watchdog launched Supreme Court ­action at 2am (AEDT) on Monday in a bid to prevent The Australian publishing more reports on an unfolding child protection scandal. The Commission for Children and Young People raced to court in the middle of the night to try to gag The Australian from publishing reports based on a confidential report.

Appearing before judge Michael Croucher, The Australian objected to the gag order being pursued, arguing that the revelations, including the tragic case of Baby M, were a significant case of public interest journalism.

During the extraordinary hearing, which lasted until 4.30am, the commission applied for an order preventing publication of material from a report compiled for the Department of Families, Fairness and Housing child protection service.

The commission claimed the leaking of the report breached legislation designed to protect the privacy of families involved and it was in the public interest for the report to be suppressed.

John-Paul Cashen, representing The Australian, rejected the claims, saying Saturday’s exclusive report was an important piece of public interest journalism.

Mr Cashen told the court the newspaper had acted responsibly in giving notice to the government, in not publishing identities and by treating the topic with the seriousness, gravity and respect it deserved. He said the newspaper should be able to continue to discuss the failings of the conduct of the government relating to the safety of children.

Justice Croucher adjourned the hearing; both parties have agreed to conduct discussions about the issues.