New South Wales Consolidated Acts

COURT SUPPRESSION AND NON-PUBLICATION ORDERS ACT 2010 - SECT 14

14 Appeals

(1) With leave of the appellate court, an appeal lies against--

(a) a decision of a court (the
"original court" ) to make or not to make a suppression order or non-publication order, or

(b) a decision by the original court on the review of, or a decision by the original court not to review, a suppression order or non-publication order made by the court.

(2) The
"appellate court" for an appeal under this section is the court to which appeals lie against final judgments or orders of the original court or, if there is no such court, the Supreme Court.

(3) Each of the following persons is entitled to appear and be heard on an appeal under this section--

(a) the applicant for the suppression order or non-publication order,

(b) a party to the proceedings in which the order or decision subject to appeal was made,

(c) the Government (or an agency of the Government) of the Commonwealth or of a State or Territory,

(d) a news media organisation,

(e) any other person who, in the appellate court's opinion, has a sufficient interest in the decision that is the subject of appeal.

(4) On an appeal under this section, the appellate court may confirm, vary or revoke the order or decision subject to the appeal and may make any order or decision under this Act that could have been made in the first instance.

(5) An appeal under this section is to be by way of rehearing, and fresh evidence or evidence in addition to, or in substitution for, the evidence given on the making of the decision may be given on the appeal.

(6) If judgments or orders of the original court are subject to review by another court (rather than appeal to another court), this section provides for a review of the original court's decisions instead of an appeal and in such a case references in this section to an appeal are to be read as references to a review.