‘It’s wrong’: Former judge says mental health suppression orders threaten court system
Sydney Morning Herald
by Cassandra Morgan, Chip Le GrandMarch 3, 2026
AI-Generated Deep Dive Summary
Victoria’s court system faces a significant challenge as concerns grow over the balance between transparency and fairness. The Attorney-General has emphasized the need to maintain an open justice system while ensuring fair trials, particularly in cases involving mental health suppression orders. A recent Monash University study, commissioned by the Melbourne Press Club, revealed that Victoria’s courts are among the least transparent in Australia, citing the overuse of suppression orders as a critical issue.
The report highlights how these orders have created a crisis in court reporting, with journalists facing significant challenges in accessing information. The Attorney-General, Sonya Kilkenny, acknowledged the concerns but reiterated the government’s commitment to finding a balance between transparency and justice. She pointed to recent reforms, such as banning “good character” references during sentencing, as evidence of progress.
Former Supreme Court judge Betty King, KC, argued that psychiatrists providing untested reports pose the greatest threat to court transparency. King suggested that these reports often go uncontested in court, leading to suppression orders that undermine open justice. She called for greater scrutiny of psychiatric evidence and criticized the system’s reliance on such reports.
The study also revealed a fractured relationship between judges and journalists, with many judges declining to participate in research or public events. King expressed surprise at these findings, noting that most judges respect the media but acknowledged that outliers can cause problems. Despite her concerns, she defended the use of suppression orders as necessary tools to prevent mistrials and ensure fair trials.
The debate over court transparency is not just a local issue—it has global implications for legal systems striving to balance justice, accountability, and public trust. As Victoria works to reform its Open Courts Act, the broader lessons from this case could resonate internationally, emphasizing the need for careful consideration of mental health evidence and the importance of maintaining open and accountable courts.
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Originally published on Sydney Morning Herald on 3/3/2026