Suppression Orders Debunked – Can I keep my identity private throughout my abuse claim proceedings?

In an age of exponentially higher rates of media coverage and access to personal information through the internet, it is almost impossible to maintain anonymity. Unfortunately, the Australian legal system is no exception. This proves particularly distressing for many historical abuse victims when pursuing a claim.

For those who have endured child sexual abuse at the hands of an institution, seeking compensation oftentimes re-opens wounds of trauma, shame and fear, perhaps deriving from the chance of being publicly identified as a child sexual abuse survivor through the legal process. In Australian court systems, pieces of information or records can become available to the public. As such, a common question for many survivors of child sexual abuse when considering seeking compensation is whether they can keep certain information private whilst conducting legal proceedings.

Some do not want their peers, friends, loved ones or family members to know about the abuse, while others feel concerned for their safety at the prospect of highly delicate information regarding their abuse being made public. Whatever the circumstances, a Suppression Order has the capability to mitigate these fears and protect the victim from public identification in legal proceedings.

What is a Suppression Order?

You may have heard the term ‘Suppression Order’, or perhaps ‘Pseudonym Order’. In Australia, a Suppression Order is a legal mechanism that prohibits the publication or disclosure of information about an individual involved in a legal proceeding. By gaining a Suppression Order, your identity is kept concealed from any public aspect of your case, which is especially important for abuse claims where very real concerns about safety, reputation or personal circumstances are prevalent.

How do I obtain a Suppression Order?

At a first Directions Hearing in New South Wales, there will be an opportunity for you and your legal team to seek Suppression Orders pursuant to the Court Suppression and Non-Publication Orders Act 2010 (NSW). Most commonly, Suppression Orders are gained for the effect of ensuring a victim’s name is anonymised throughout the entirety of all proceedings, but other pieces of information can be concealed if justifiable.

What if I want to obtain an order in another state besides New South Wales?

Each state in Australia varies in their jurisdictional legislation related to obtaining a Suppression Order (see below for a list of the legislation for each state jurisdiction). Some states are empowered by federal legislation, whilst others have their own state legislation, and many also reference authoritative common law principles. If you would like any more information with regards to the legislation of your state, we would be happy to answer any queries.

New South Wales	Court Suppression and Non-Publication Orders Act 2010 (NSW).
Victoria	Open Courts Act 2013
Queensland	Judicial Proceedings Reports Act 1958
Western Australia	Suppression Orders Act 2012
South Australia	Evidence Act 1929 & other common law principles
Tasmania	Evidence Act 1929 & other common law principles
Australian Capital Territory	Court Procedure Rules 2006 & common law principles
Northern Territory	Criminal Code Act & common law principles

What are the benefits of using this order in my claim?

Suppression Orders can be highly beneficial for historical abuse claims in many facets. In many historical abuse claims victims and survivors may prefer to entirely, or in part, remain anonymous for the sake of avoiding further trauma surfacing and protecting their privacy for a highly sensitive part of their lives. A Suppression Order shields this exposure and may prevent further strife.

Utilising a Suppression Order may also prevent implications occurring from external cases or wider publicity. It is common for a historical abuse claim to be conducted alongside a criminal investigation, perhaps with the same victim, abuser or institution involved. Utilising a Suppression Order may prevent the release of a case’s information from prejudicing other proceedings. If you have public notoriety, or anything related to your abuse has received media coverage, suppression order ensures that potential jurors or witnesses are not influenced by pre-trial publicity, which could impact the fairness of the trial.

Suppression orders can make all the difference in minimising the emotional toll that historical abuse claims can take on an individual. The order ultimately relieves victims from having to exacerbate what can already be an incredibly emotional, stressful and traumatising process. After all, debunking and educating potential claimants on this avenue could be the deciding factor between pursuing or not pursuing justice. Chamberlains Law Firm is not only here to aid you in navigating and achieving justice in this often complex and delicate area of law, but our experienced team of lawyers can do so with compassion and providing you individualised support throughout the process.

Contact our abuse compensation claims team to schedule a confidential consultation and take the first step towards healing and recovery.

This article was prepared with the assistance of Lara Banks.