Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 42

Hearings open to public unless Tribunal directs otherwise

42. Hearings open to public unless Tribunal directs otherwise



(1) A hearing conducted by the Tribunal in relation to a matter is to be open
to the public unless the Tribunal directs-

   (a)  that the whole or any part of the hearing is to be closed to members
        of the public; or

   (b)  that only persons or classes of persons specified by it may be present
        during the whole or any part of the hearing.

(2) A direction under this section may be given on the application of a party
or on the Tribunal's own initiative.

(3) The Tribunal must give a direction under this section if an application
for the giving of the direction is made by-

   (a)  an applicant who is a primary victim of an act of violence and who the
        Tribunal is satisfied is a person-

   (i)  whose injury resulted from an offence referred to in paragraph (b) of
        the definition of relevant offence in section 3; or

   (ii) who is a child; or

   (iii) with a cognitive impairment; or





   (b)  an applicant who the Tribunal is satisfied is likely-

   (i)  to suffer distress; or

   (ii) to feel intimidated or be stressed- if the direction is not given.