Criminal Code Act 1899

When material alleged to be child exploitation material is on display in a courtroom, the court must exclude from the courtroom anyone who is not an essential person.

An essential person is—

a party, or a person representing a party, to the proceeding; or

a Crown Law Officer or a person authorised by a Crown Law Officer; or

the prosecutor; 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

a person who a witness is entitled to have present in court under the Evidence Act 1977, section 21A(2)(d), 21AV or 103ZE(2)(g); or

a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding; or

a person who applies to the court to be present and whose presence, in the court’s opinion—

would serve a proper interest of the person; and

would not be prejudicial to the interests of any child described or depicted in the child exploitation material, whether or not any child can be identified from the child exploitation material.

When forming an opinion under subsection (2)(g) or (h), the court must consider the public benefit of limiting the number of people with access to child exploitation material. sch 1 pt 4 ch 22 s 228F ins 2005 No. 9 s 6