Northern Territory Consolidated Acts Northern Territory Consolidated Acts41. Attendance of child before Court
(1) The child the subject of an application under this Part must attend the Court in person and remain in attendance during the hearing of the application unless the Court makes an order that the child is not required to attend the hearing or a part of the hearing.
(2) The Court may make the order under subsection (1) in any proceedings relating to the application.
(3) The Court must not make the order unless it is satisfied on reasonable grounds that the child is not required to attend the hearing or a part of it.
(4) In subsection (3), "reasonable grounds" includes any of the following grounds:
(a) that the child does not understand the nature of the hearing;
(b) that the child is unlikely to be able to give evidence that will assist the Court whether on account of his or her age, mental state or any other circumstance of the child;
(c) that the attendance of the child could be injurious or dangerous to the health or welfare of the child;
(d) that the evidence of the child is not essential to the hearing and determining of the application.
(5) If the Court makes an order that the child is not required to attend the Court, the Court may proceed to hear and determine the application during the absence of the child and, in doing so, may give the directions or make the orders it considers appropriate, including a direction or order for -
(a) taking a written deposition or statement from the child; or
(b) receiving an oral or written report in relation to the care of the child made by an authorised person or a person appointed by the Court to make the report.
(6) Notwithstanding the age or intelligence of the child or that the child may have acted under the influence of another person or not understood the duty to speak the truth, the Court may receive the written deposition or statement of the child referred to in subsection (5)(a) as evidence and give it the weight it considers appropriate.