Richard Ackland

Australian courts issue extensive suppression and non-publication orders, with Victoria accounting for more than half of the national total outside the other states and territories. The article examines why the identity of a Melbourne businessman remains protected after a jury convicted him of two rapes and one sexual assault, despite his public profile and the case’s open-secret status. It argues that mental-health concerns, reputational damage and the administration of justice can justify exceptions to open justice, but that the reasons for such orders are often unclear and their effectiveness is undermined by online publication and media attention. Cases involving Bruce Lehrmann, Ben Roberts-Smith and Cardinal Pell illustrate the tensions between protecting individuals and preserving public scrutiny of the courts.