Getting ready for my appearance before the High Court in Canberra this week I did some eccentric research. I watched The Castle for the first time.

And whether your name is Daryl or Derryn it is pretty daunting walking up those steps to the towering glass façade of the High Court building in Canberra. With life imitating art, some of the media gang and camera crews who played extras in The Castle were there again in real life for my High Court battle.
That’s where the similarity ended. The battler fighting to retain his home on the grounds that a man’s home is his castle had a suburban solicitor and a QC played by Bud Tingwell against a couple of high-powered lawyers.
In our case there were 30 lawyers packed along two rows. Only four of them were on my side. The other 26 represented most states of Australia and the Commonwealth.
I was there because, earlier this year, I had the rare privilege of being granted leave to challenge the legality of a Victorian law on the grounds that it was unconstitutional.
We challenged on two grounds:
That through suppression orders, our justice system is not being open and transparent – as justice constitutionally must be in a democracy like ours. I believe that the way some of our laws are being interpreted and enforced by our judges, justice is not being done and not being seen to be done.
And, secondly, that I have been denied my right to ‘political communication’ in a long-running public campaign to have a bad law changed.
It stems from my naming two notorious sex offenders at a victims of crime rally on the steps of Parliament House in Victoria several years ago.
Thousands of supporters shouted the names but the DPP chose to prosecute only one. Me. Consequently in the Magistrate’s Court I face five charges which carry maximum penalties of $60,000 in fines and up to five years in jail. If the High Court action fails I go back to the lower court for sentencing only.
In the High Court, before a Full Bench of seven judges, I was opposed by the attorneys-general for New South Wales, Queensland, South Australia, Western Australia and the Commonwealth Solicitor-General.
One state was surprisingly missing. Victoria. The state where I allegedly committed this offence on the steps of their own Parliament.
The irony in all this, is that I applauded when that Government appeared to get tough by announcing they were amending the 2005 Serious Sex Offenders Monitoring Act. It meant the Secretary of the Department of Justice could apply to the County or Supreme Court for a supervision order if a convicted sex offender is assessed as posing a serious risk to the community of re-offending on his release from jail.
And they could then have tabs kept on them under an Extended Supervision Order. Where they could live. If they changed their name or their job.
Even be ordered to wear an electronic monitoring bracelet.
Nobody mentioned to us that, in return, some of the worst rapists and paedophiles in this country could have their names and addresses and photos suppressed by law. For ever. Even after they die. That they could return to the community incognito and melt back into the community without the public knowing who they are or where they are.
That they could be living next to you, or next to your kids’ school, or your local park. They didn’t trumpet that minor point.
Police Minister Tim Holding said in 2005 ‘The public can be reassured that every precaution is being taken to protect the community against these people.’ And Corrections Minister Bob Cameron said ‘The new scheme will….. result in enhanced community safety.’
Both were speaking rubbish. Dangerous rubbish. These suppression orders are not used to protect the identity of other criminals like murderers, or tax evaders, or drug dealers.They are only invoked for serial sex offenders whom the courts believe are likely to re-offend.
I know what I did, and what several thousand others did, on the steps of Parliament House, was morally right. The High Court will decide if I was legally right. Whatever they decide I am proud of what I did and I am ready for whatever happens.
But I can say, whatever happens, I have won. The issue of public interest and open courts is now being debated in the highest court in the land. Questions are being asked. The door of secrecy and suppression has been prised open. And some light is getting in. Can’t ask for more than that.
I accept that at times there must be restrictions and evidence and names must sometimes be suppressed. But that should be a rarity and not the norm as increasingly, and ominously, seems to be the case.
I have said this many times before—in the 23 years since I went to jail for naming a paedophile priest—but never before has this simple question been so important:
Who’s looking after the children?
Footnote: I only got to the High Court this week because of a legal team that understands the constitutional issues at stake here. They are all working pro bono and have put in months of work on my behalf on a complex and, I believe, nationally important, legal matter. I thank them. David Bennett QC, for ten years the Solicitor-General of Australia, my barrister, Geoff Slater and from HWL Ebsworth Nic Pullen and Andrew Thompson.
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