NSW What is the objective of the Gag order.

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Adam1user

Well-Known Member
5 January 2018
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2,219
Hi all,

I read this article in news today:
https://www.news.com.au/lifestyle/r...r/news-story/43913f82f34e35d23d770ab72587b208

I like someone to explain why the gag order was introduced and what is the objective from it? it seems to me that it is there to protect the person who did the evil acts. I understand that the victim can not use their true name (maybe to protect their privacy and reputation) but can they name the person who did the evil act using a different name? or can not state the true name of the person who did the evil act?
An explanation on that order will be much appreciated.
thanks,
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
It can be helpful to understand that the person whose identity is suppressed is not always an accused.
(consider, for example, Lawyer X, who was in several cases, a police informant)

The main objective of these orders is to protect the identity and/or reputation, and/or safety of victims,
and/or people other than the accused.
This might include witnesses, and/or or uninvolved/ "innocent bystanders"
(such as work colleagues, or family and friends, of a protected person)
Especially, but not only, where there are children involved, even peripherally.

Further, an order can be made where there is a safety risk to the connections of the protected person
(such as where witness tampering through intimidation of family is a risk).

Further, a Suppression Order can be made so as not to adversely affect ongoing work,
which can include an ongoing, or another, investigation.
Consider, for example, the case of Witness K.

Partial suppression (such as the use of pseudonyms) is available,
but can be impractical, or insufficient,
in which case an order can made in respect of the entire matter.

In criminal proceedings, they are not made purely to avoid embarrassment to an accused.
For example, former judge Marcus Einfeld didn't get one.
Nor do most public figures.
The courts take it quite seriously. That's why Derryn Hinch went to gaol for breaching one.