CHILDRENS COURT ACT 1992 - SECT 20
Who may be present at a proceeding
CHILDRENS COURT ACT 1992 - SECT 20
Who may be present at a proceeding
20 Who may be present at a proceeding
(1) In a proceeding before the court relating to a child, the court must
exclude from the room in which the court is sitting any person who is not—
(a) the child; or
(b) a parent or other adult member of the child’s family;
or
(c) a victim, or a person who is a representative of the victim, of the
offence alleged to have been committed by the child; or
(d) a witness giving
evidence; or
(da) a person who is an intermediary under the Evidence Act 1977, part 2 , division 4C for a witness giving evidence; or
(e) if a witness is
a complainant within the meaning of the
Criminal Law (Sexual Offences) Act 1978—a person whose presence will
provide emotional support to the witness; or
(f) a party or person
representing a party to the proceeding, including, for example, a police
officer or other person in charge of a case against a child in relation to an
offence; or
(g) a representative of the chief executive of the department; or
(gb) if the
proceeding is a child protection proceeding under the
Child Protection Act 1999—the chief executive (child safety); or
(h) if
the child is an Aboriginal or Torres Strait Islander person—
(i) a
representative of an organisation whose principal purpose is the provision of
welfare services to Aboriginal and Torres Strait Islander children and
families; or
(ii) a representative of the community justice group in the
child’s community who is to make submissions that are relevant to sentencing
the child; or
(i) an infant or young child in the care of an adult who may be
present in the room.
(2) However, the court must also exclude from the room a
person mentioned in subsection (1) (c) if, in the court’s opinion, the
person’s presence would be prejudicial to the interests of the child.
(3)
Also, the court may permit to be present in the room—
(a) a person who is
engaged in—
(i) a course of professional study relevant to the operation of
the court; or
(ii) research approved by the chief executive of the
department; or
(b) a person who, in the court’s opinion, will assist the
court; or
(c) for a criminal proceeding against a child—1 or more of the
following persons if, in the court’s opinion, the person’s presence would
not be prejudicial to the interests of the child—
(i) a representative of
mass media;
(ii) a person who, in the court’s opinion, has a proper
interest in the proceeding.
(4) Also, this section does not affect any order
made, or that may be made, by the court under the Evidence Act 1977, section
21A —
(a) excluding any person (including a defendant) from the place in
which the court is sitting; or
(b) permitting any person to be present while
a special witness within the meaning of that section is giving evidence.
(5)
This section—
(a) applies even if the court’s jurisdiction is being
exercised conjointly with another jurisdiction; and
(b) does not apply to the
court when constituted by a judge exercising jurisdiction to hear and
determine a charge on indictment.
(6) In this section—
"chief executive (child safety)" means the chief executive of the department
in which the Child Protection Act 1999is administered.
"child’s community" means the child’s Aboriginal or Torres Strait Islander
community, whether it is—
(b) a group of persons within the
child’s community, other than a department of government, that is involved
in the provision of any of the following—
(i) information to a court about
Aboriginal or Torres Strait Islander offenders;
(ii) diversionary,
interventionist or rehabilitation activities relating to Aboriginal or Torres
Strait Islander offenders;
(iii) other activities relating to local justice
issues; or
(c) a group of persons made up of the elders or other respected
persons of the child’s community.
"criminal proceeding" means a proceeding against a child under the
Youth Justice Act 1992for an offence or for the sentencing of the child for
an offence.
