Australian Capital Territory Current Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1997 - SECT 29G

    (1)     An application for leave under section 29E may proceed to a hearing—

        (a)     if a submission under section 29E (4) (b) is made by the young person—

              (i)     after the end of the stated period under section 29F (2) (b) (ii); or

              (ii)     before the end of the stated period if the young person gives the ACAT written confirmation that the young person wants the application to proceed; or

        (b)     in any other case—14 days after the application is lodged.

    (2)     The hearing must be held in private.

    (3)     Subject to subsections (4) and (5), a private hearing is taken to be a hearing to which the ACT Civil and Administrative Tribunal Act 2008

, section 39 (Hearings in private or partly in private) applies.

Note     Requirements for keeping private hearings secret are set out in the ACT Civil and Administrative Tribunal Act 2008

, s 40.

    (4)     The ACAT must give the public advocate a copy of any document lodged with the ACAT or received in evidence for the hearing.

    (5)     The public advocate—

        (a)     may attend the hearing at any stage (for the whole or any part of the hearing); and

        (b)     may make submissions at the hearing about any matter relating to the application or the hearing.

Note     The public advocate may also be required to report to the ACAT about a matter—see the Human Rights Commission Act 2005

, s 27BA.

    (6)     In addition to the young person and the public advocate, a parent or a person with parental responsibility for the young person may also make submissions at the hearing in relation to the application, but only about the matters mentioned in section 29H (1).

    (7)     A person who attends a hearing, or makes a submission under subsection (5) or (6), is not a party to the application.

    (8)     The ACAT may, by order, give directions prohibiting or restricting the disclosure by a person who attends a hearing, or makes a submission under subsection (5) or (6), of evidence given at the hearing, or of a matter contained in a document lodged with the tribunal or received in evidence by the tribunal for the hearing.

Note     A similar order may be given to a party to the application under the ACT Civil and Administrative Tribunal Act 2008

, s 39.

    (9)     The ACAT may make an order under subsection (8) on application by the young person or on its own initiative.

    (10)     A person must not contravene an order under subsection (8).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.