DRJ v Commissioner of Victims Rights [2020] NSWCA 136

DRJ v Commissioner of Victims Rights [2020] NSWCA 136

It is necessary, for a limited period of three years, to suppress the names of the applicants in order to protect their safety—including psychological welfare—given evidence of specific and general risks should their identities be published, and in light of legislative requirements that suppression orders be made...

Source-derived case information.

Parties
First Applicant: DRJ; Second Applicant: DRK; Third Applicant: DRL; Fourth Applicant: DRM; Fifth Applicant: DRN; Respondent: Commissioner of Victims Rights
Jurisdiction
Australia
Judgment Date
08 July 2020
Procedural Posture
Application for Suppression and Non Publication Orders in Appellate Proceedings / Interlocutory Application Prior to Determination of Main Summons
Outcome
Suppression and destruction orders granted as sought with a time limitation.
Legal Topics
Suppression and Non Publication Orders, Open Justice Principle, Duration and Necessity of Orders
Procedure Civil Suppression and Non Publication Orders Open Justice Principle Duration and Necessity of Orders

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Parties

DRJ

First Applicant

DRK

Second Applicant

DRL

Third Applicant

DRM

Fourth Applicant

DRN

Fifth Applicant

Commissioner of Victims Rights

Respondent

Procedural Posture

Application for Suppression and Non Publication Orders in Appellate Proceedings / Interlocutory Application Prior to Determination of Main Summons

Legal Issues

  1. 1 Whether a suppression and non-publication order preventing disclosure of applicants' names should be granted under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW)
  2. 2 Whether such order is necessary to protect the safety of the applicants under s 8(1)(c)
  3. 3 The appropriate duration of suppression order in light of legislative requirements

Ratio Decidendi

It is necessary, for a limited period of three years, to suppress the names of the applicants in order to protect their safety—including psychological welfare—given evidence of specific and general risks should their identities be published, and in light of legislative requirements that suppression orders be made only where necessary and only for the period required to achieve the protection sought.

Court Disposition

Suppression and destruction orders granted as sought with a time limitation.

Orders

  • Order, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that the applicants be referred to as DRJ, DRK, DRL, DRM and DRN, respectively, until 8 July 2023.
  • Order (1) above is made on the basis that it is necessary to protect the safety of the applicants.