Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 modified the in camera rule which prevents members of the public, including the press, from being present in court when family law and child care proceedings are being heard. I signed the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Sections 3 to 12) Commencement Order 2014 on 10 January, commencing Part 2 of the Act on 11 January.
The changes to the in camera rule retain the privacy provisions in respect of family law and child care court proceedings but allow for bona fide representatives of the press to attend such proceedings subject to strict conditions. The courts retain the power to exclude representatives of the press and to restrict or prohibit the publication of evidence given in the proceedings in certain circumstances. In addition, a strict prohibition applies on reporting of material likely to identify the parties to the proceedings or any children to whom the proceedings relate.
I believe that it is in the public interest that there be greater knowledge of the administration of the law in this important area and, in this context, that the media have access to, and be able to report on, family law and child care cases. These reforms will provide valuable information to the public, judiciary and legal professionals on the operation of the law by our courts. While the new provisions have been in place for less than two weeks, the impact of the changes is already very evident from extensive media reporting, even in that short period, of cases which would up to now have gone unreported.
