Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If a child or young person is the subject of a proceeding in a court, the following people are the only people who may be present at the hearing of the proceeding:
(a) an officer of the court;
(b) a party to the proceeding, a lawyer representing the party, and an employee of the lawyer;
(c) a parent of the child or young person;
(d) someone else who has daily care responsibility, or long-term care responsibility, for the child or young person;
(e) anyone else the court admits as the child's or young person's representative;
(f) the chief executive responsible for the Children and Young People Act 2008 or an authorised person under that Act;
(g) the public advocate or a person authorised by the public advocate for this section;
(h) a person who has, or a representative of an entity that has, provided a report under the care and protection chapters of the Children and Young People Act 2008 ;
(i) for a criminal proceeding—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person's employer;
Note Publishing certain information about proceedings involving children is an offence (see Criminal Code, s 712A (Publishing identifying information about childrens proceedings)).
(j) for a criminal proceeding—a person who was a victim of an offence to which the proceeding relates, unless the person is excluded by the court under subsection (2);
(k) for a criminal proceeding in which circle sentencing is being considered—a person involved in the circle sentencing;
(l) anyone else required or permitted to be present by the court or under the Children and Young People Act 2008 or any other Act.
(2) A court may exclude a person who was a victim of an offence to which a criminal proceeding relates from being present at the hearing of the proceeding if it considers it is appropriate to do so having regard to—
(a) the person's behaviour or expected behaviour; or
(b) the nature of the person's relationship with the child or young person.
Example—par (b)
a violent or abusive relationship
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) The public advocate and the chief executive responsible for the Children and Young People Act 2008 may make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (l), or exclude a person under subsection (2).
(4) In this section:
"circle sentencing"—see the Magistrates Court Act 1930 , section 309 (4).
"daily care responsibility"—see the Children and Young People Act 2008 , section 19.
"long-term care responsibility"—see the Children and Young People Act 2008 , section 20.
"victim", of an offence—see the Crimes (Sentencing) Act 2005 , section 47.