Victoria Moves to Ban Suppression Orders for Convicted Rapists

The Victorian Labor government, led by Premier Ben Carroll and Attorney-General Sonya Kilkenny, announced plans to amend the state’s Open Courts Act so that suppression orders cannot be used to shield the identities of individuals convicted of rape. The amendment is positioned as a response to “loopholes” that allow high-profile defendants to keep their names hidden after conviction. The changes are slated for introduction as part of a broader bill that will also criminalise coercive control, scrap “good-character” references at sentencing, and expand protections for people experiencing family violence. The reforms will be finalized only if the Labor government is re-elected in the upcoming November state election.

The Guardian

Since 2013, Victorian law has permitted suppression orders on “safety” grounds, including mental-health concerns. Two recent high-profile cases highlighted perceived abuse of the provision. Entertainment manager Ralph Carr received a suppression order for nearly three years on mental-health grounds, which was lifted only after his conviction on two counts of rape and one count of sexual assault. Similarly, Tom Silvagni, son of former AFL player Stephen Silvagni, had his identity concealed for 18 months while he faced rape charges, also on mental-health arguments. Both men cited psychiatric assessments that suggested public identification could lead to self-harm.

The Guardian

Carroll emphasized that suppression orders were originally intended to protect victim-survivors, not convicted perpetrators. Kilkenny said a review of the Open Courts Act is already underway, examining the duration, grounds, and interim use of suppression orders. Former Coalition attorney-general Robert Clark, who introduced the 2013 provisions, reiterated that the rules were meant to guard against threats of violence, not claims of psychological distress.

The Guardian

• “First and foremost, we are going to stop suppression orders being used to protect convicted rapists. Suppression orders were designed to protect victim-survivors, not convicted rapists,” — Ben Carroll

The Guardian