Clarification of the Commonwealth’s Right to Seek Suppression Orders:

The Commonwealth Attorney- General has recently amended the Legal Services Directions 2005 (Cth), which apply generally to Commonwealth legal work, to clarify the circumstances in which an agency subject to the Financial Management and Accountability Act 1997 (Cth) (FMA agency) may apply for a suppression order.

The amendment inserts new paragraph 4.9 which provides, in subparagraph (a), that an FMA agency may only apply for a suppression order if it considers suppression of certain evidence or information is "reasonably necessary to protect the Commonwealth". Paragraph 4.9(b) clarifies that a suppression order cannot be sought only to avoid a disclosure or publication "that may be embarrassing to the Commonwealth or its agencies". As set out in Note 2 to paragraph 4.9, the amendment is not intended to prevent an application for a suppression order in respect of evidence that may be embarrassing, but only if there are legitimate Commonwealth interests to protect.