Victorian courts in crisis: landmark report reveals need for urgent reform

MEDIA RELEASE
For Immediate Release

3 March 2026

Urgent Reform Needed as Court Reporting Reaches 'Crisis Point', New Research Finds

A groundbreaking independent research report commissioned by the Melbourne Press Club and conducted by Monash University has found that public interest journalism in Victoria has reached crisis point due to severe limitations on court reporting, access to government sources, and freedom of information.

The research titled "The State of Play - Limitations to Public Interest Journalism in Victoria in 2025," reveals a systemic breakdown in judicial transparency and government accountability that keeps the public in the dark and threatens accountability journalism.

The damning statistics reveal that Victorian Courts are responsible for almost half of the suppression orders issued across Australia, preventing Victorian media from reporting on some of the state's most serious alleged crimes.

Melbourne Press Club President Michael Bachelard says: “Anyone who has worked in journalism in Melbourne will know that secrecy, suppression and spin have overtaken openness and disclosure across many of our institutions. 

“The Melbourne Press Club, as part of its role advocating for journalism in Victoria, decided to find out just how bad it was.

“This report by two respected academics shows that every day journalists try to bring the news to the public they are prevented by the government, their bureaucrats and the courts.’’ 

 

KEY STATISTICS

  • 521 suppression orders issued by Victorian courts in 2023 alone
  • Victoria accounts for 47% of ALL suppression orders in Australia – despite having only 1/3 of the national population
  • The Open Courts Act 2013, designed to reduce suppression orders, has completely failed – orders have actually increased since its introduction
  • 100% of journalists interviewed agreed that Victorian courts routinely breach the Open Courts Act with impunity
  • Court access to documents has become more restrictive, not more open, since 2013
  • Victoria is the only state in Australia that removed prosecuting unit information from Magistrates Court daily listings.

 

Twelve senior journalists from five major Victorian media outlets were interviewed for this study. Their testimonies paint a picture of a judicial system that is increasingly hostile with interim suppression orders being abused and routinely staying in place for more than six months or longer than initially intended. 

Associate Professor Johan Lidberg, Monash University found; 

"The overarching conclusion of this study is that the limitations to conducting public interest news journalism in Victoria are now so severe that the crucial role of news reporting holding powerful institutions and individuals to account is under significant strain. Courts in Victoria are frequently breaching the Open Courts Act 2013 with impunity. This is a serious situation as it potentially undermines the legitimacy of Victorian courts." 

With Alicia McMillan, Monash University concluding that;

"This research demonstrates that the Open Courts Act 2013, introduced to increase transparency, has achieved the opposite. Suppression orders have increased, access to documents has become more difficult, and the attitude of some judicial officers towards journalists has deteriorated significantly. Reform is urgent and necessary."

The report also found that orders are often issued without sufficient reason, breaching the Open Courts Act and leading to journalists being denied access to basic charge sheets and court documents already tendered in evidence. This reduces transparency in what should be an open judicial system. 

The Melbourne Press Club wants governments and the courts to engage urgently with us to support the important role of journalists in an open justice system and a political system that allows public interest reporting, free of unnecessary gags on information.

The report urges immediate action from policymakers, judicial leadership, and government to:

  • End routine breaches of the Open Courts Act
  • Restore regular communication between courts and media
  • Reform the Freedom of Information system
  • Allow journalists to accurately and safely report on the administration of justice.

Melbourne Press Club supports all journalists in their pursuit of reporting on matters of public interest.

 

The full research report "The State of Play - Limitations to Public Interest Journalism in Victoria in 2025" is available from the Melbourne Press Club and Monash University below.

Download report  (PDF, 812KB)

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