Who may be present at a proceeding
20 Who may be present at a proceeding
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—
the child; or
a parent or other adult member of the child’s family; or
if the proceeding is a criminal proceeding—
a victim, or a relative of a victim, of the offence committed by the child; or
a relative of a deceased victim of the offence committed by the child; or
a person who is a representative of a victim, or of a relative of a deceased victim, of the offence committed by the child; or
Examples for subparagraph (iii)—
• a person who provides support or assistance to a victim, or a relative of a deceased victim, in relation to the proceeding
• a member of an organisation that is providing support or assistance to a victim, or a relative of a deceased victim, in relation to the proceeding
a person who, in the court’s opinion, has a proper interest in the proceeding; or
a person holding media accreditation; or
a witness giving evidence; or
a person who is an intermediary under the Evidence Act 1977, part 2, division 4C for a witness giving evidence; or
if a witness is a complainant within the meaning of the Evidence Act 1977, section 103ZZL—a person whose presence will provide emotional support to the witness; or
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
a representative of the chief executive (child safety) or the chief executive (youth justice); or
the public guardian under the Public Guardian Act 2014; or
if the proceeding is a child protection proceeding under the Child Protection Act 1999—the chief executive (child safety); or
if the child is an Aboriginal or Torres Strait Islander person—
a representative of an organisation whose principal purpose is the provision of welfare services to Aboriginal and Torres Strait Islander children and families; or
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
an infant or young child in the care of an adult who may be present in the room.
Also, the court may permit to be present in the room—
a person who is engaged in—
a course of professional study relevant to the operation of the court; or
research approved by the chief executive (child safety) or the chief executive (youth justice); or
a person who, in the court’s opinion, will assist the court.
Despite subsection (1), if the court is hearing a matter under the Mental Health Act 2016, section 172 or 173, the court must exclude from the room a person mentioned in subsection (1)(c) unless the court is satisfied it is in the interests of justice to permit the person to be present.
Also, this section does not affect any order made, or that may be made, by the court under the Evidence Act 1977, section 21A—
excluding any person (including a defendant) from the place in which the court is sitting; or
permitting any person to be present while a special witness within the meaning of that section is giving evidence.
This section—
applies even if the court’s jurisdiction is being exercised conjointly with another jurisdiction; and
does not apply to the court when constituted by a judge exercising jurisdiction to hear and determine a charge on indictment.
In this section—
chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.
chief executive (youth justice) means the chief executive of the department in which the Youth Justice Act 1992 is administered.
child’s community means the child’s Aboriginal or Torres Strait Islander community, whether it is—
an urban community; or
a rural community; or
a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991.
community justice group, for a child, means—
the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, part 4, for the child’s community; or
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—
information to a court about Aboriginal or Torres Strait Islander offenders;
diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander offenders;
other activities relating to local justice issues; or
a group of persons made up of the elders or other respected persons of the child’s community.
criminal proceeding means a proceeding under the Youth Justice Act 1992 in relation to an offence committed by a child, and includes an appeal proceeding, a sentence review or a proceeding for the sentencing of a child.
media accreditation means accreditation under the Supreme Court’s media accreditation policy.
offence, committed by a child, includes an offence the child is alleged to have committed.
relative—
of a victim of an offence committed by a child, means—
a spouse, child, step-child, parent, step-parent, sibling, step-sibling, aunt, uncle, grandparent or grandchild of the victim; or
a child, other than a child mentioned in subparagraph (i), for whom the victim has parental responsibility; or
a person who, under Aboriginal tradition or Island custom, is regarded as a person mentioned in subparagraph (i) or (ii); or
of a deceased victim of an offence committed by a child, means a person who would be a relative mentioned in paragraph (a) if the victim were not deceased.
Supreme Court’s media accreditation policy means the media accreditation policy in effect and made under or appended to a practice direction of the Supreme Court.
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