AUSSIEINSIDER

Open justice is based on the fundamental democratic principle that the integrity and independence of the courts can only be upheld when they are open to the full scrutiny of the Australian public. This prevents abuses of the court system and maintains public confidence in the judiciary. What does the current level of public confidence say about the state of open justice in Australia?

We like to think we're better than other countries (ie Russia), but when we start putting words like 'public' and 'secret' in the same sentence together without blinking, it leaves many of us wondering if our kind of democracy really is any better. Just to clarify, if it were meant to be secretive in nature, an inquiry would not be made public. Is Australia's suppression depression infringing on the fundamental Open Justice mechanism?

The whole concept of transparency has an 'eat your vegetables' feel to it; like deep down we know it's good for us, but, meh! Once a case has been dealt with before an open court, the public has a right to know how the law has been applied and to feel reassured that the court system is fair and just. Without transparency and open justice, what mechanisms do we have to hold the government and judiciary accountable?

Media suppression orders are a dime a dozen these days. In 2011, The Australian newspaper reported more than 500 suppression orders by the courts. More often than not they are too broad, lack appropriate end points, are unclear in their terms, beyond the scope of the court's powers, and made without sufficient explanation. So how did things get so bad to begin with?