VIC Family Court - Confidentiality of Family Violence Orders?

[Erin Valentine]

I have a family court hearing for a family violence order on Wednesday, and I was told that because they are a civil matter they are not confidential, unlike family law matters. This makes me apprehensive due to the nature of the issues involved and how that will negatively effect my children if the information becomes public. Is there anyway to have the details suppressed?

 

[Arche]

Hi Erin

Short answer: if you don't ask you don't get.

Do you have a lawyer? I can't tell you what the court's power is to close the court in these circumstances, but you will have to ask the Magistrate/Judge and give reasons if that is what you want. There is no certainty that it would be granted.

 

[MartyK]

In Victoria there are restrictions on publications including where children are involved see s166 2(a)

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 166 Restriction on publication of proceeding in Magistrates' Court

 

[Arche]

Sorry Erin and thanks Marty I didn't know of that. Not sure how these prohibitions work - whether the court makes an order as a matter of course or whether Erin needs to be ready to raise it if necessary.

 

[MartyK]

The restrictions apply to publication only. Certainly will not prevent the other side from verbally broadcasting the details to everyone they know, et al, if they so choose.

 

[Unknown entity]

Marty, does publications under the act also include court transcripts and court orders. I raise these two as they are read openly in court and thus do not come under the implied undertaking (Harman rule)but the documents do include names of children and may connect then to other persons detailed in those documents.

So are family court transcripts and court orders dealing with child abuse cases able to be published and forwarded to sections of the public and third parties.

Cheers in advance.