Key facts
- Victoria's government will ban suppression orders for convicted rapists.
- The Open Courts Act will be amended to prevent the use of suppression orders by perpetrators.
- The commitment is conditional on the Labor government being re-elected in November.
- The changes are a response to cases where individuals used mental health grounds for suppression.
- A review of suppression order usage is currently underway.
- A separate bill introduced by the government includes measures against coercive control and 'good character' references at sentencing.
Victoria's government has pledged to ban the use of suppression orders by convicted rapists, aiming to close loopholes that have allowed individuals to hide their identities in court proceedings. Premier Ben Carroll announced the commitment, stating that suppression orders were intended to protect victims, not perpetrators.
The government plans to amend the state's Open Courts Act if re-elected in November. Attorney-General Sonya Kilkenny indicated that further changes would be informed by an ongoing review examining the duration, grounds, and use of interim suppression orders. This review is also considering mental health reasons as a basis for such orders.
The announcement follows several high-profile rape cases where the accused successfully argued for suppression of their identities, often on mental health grounds, for extended periods. Examples include entertainment manager Ralph Carr and Tom Silvagni, son of AFL footballer Stephen Silvagni, whose identities were suppressed for years before their convictions. These individuals relied on psychiatric evidence suggesting a risk of self-harm if identified.
Robert Clark, the former Coalition attorney-general who introduced the 2013 laws, stated the provision was meant for protection against threats of violence, not psychological distress. The need for reform was discussed at a recent round table at the University of Melbourne, attended by legal professionals and academics, partly prompted by the Silvagni and Carr cases.
Opposition parties have also voiced support for reform. Shadow Attorney General James Newbury stated the Coalition would "stop the misuse of suppression orders, full stop," criticizing Labor for perceived delays. Separately, the government introduced a bill to parliament that would eliminate 'good character' references at sentencing, criminalize coercive control as a standalone offense, and strengthen family violence intervention orders.