Queensland Consolidated Acts

CHILDRENS COURT ACT 1992 - SECT 20

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) if the proceeding is a criminal proceeding—

(i) a victim, or a relative of a deceased victim, of the offence alleged to have been committed by the child; or

(ii) a person who is a representative of a victim, or of a relative of a deceased victim, of the offence alleged to have been committed by the child; or

Examples for subparagraph (ii)—

• a person who provides support or assistance to a victim or a relative of a deceased victim

• a member of an organisation that is providing support or assistance to a victim, or a relative of a deceased victim, of an offence in relation to a proceeding for the offence

(iii) a person who, in the court’s opinion, has a proper interest in the proceeding; or

(iv) an accredited media entity; or

(d) a witness giving evidence; or

(e) a person who is an intermediary under the Evidence Act 1977 , part 2 , division 4C for a witness giving evidence; or

(f) 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

(g) 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

(h) a representative of the chief executive (child safety) or the chief executive (youth justice); or

(i) the public guardian under the Public Guardian Act 2014 ; or

(j) if the proceeding is a child protection proceeding under the Child Protection Act 1999 —the chief executive (child safety); or

(k) 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

(l) an infant or young child in the care of an adult who may be present in the room.

(2) However, the court may, on application by a party to the proceeding or on its own initiative, make an order (an
"exclusion order" ) excluding from the room a person mentioned in subsection (1) (c) (ii) , (iii) or (iv) if the court is satisfied that the order is necessary—

(a) to prevent prejudice to the proper administration of justice; or

(b) for the safety of any person, including the child.

(3) In considering whether to make the exclusion order, the court must consider the following matters—

(a) the primacy of the principle of open justice;

(b) the public interest;

(c) the youth justice principles under the Youth Justice Act 1992 ;

(d) the age of the child;

(e) any special vulnerabilities of the child;

(f) whether the child is unable to meaningfully participate in the proceeding because of the presence of the person proposed to be excluded by the exclusion order;

(g) the seriousness of the offence alleged to have been committed by the child;

(h) any cultural considerations relating to the child;

(i) whether the presence of the person proposed to be excluded by the exclusion order may prejudice any future court proceedings;

(j) any submissions made under subsection (4) ;

(k) any other matter the court considers relevant.

(4) The following persons may make submissions to the court in relation to the making of the exclusion order—

(a) a party to the proceeding;

(b) a person proposed to be excluded by the exclusion order;

(c) another person mentioned in subsection (1) , with the leave of the court.

(5) 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 (child safety) or the chief executive (youth justice); or

(b) a person who, in the court’s opinion, will assist the court.

(6) Despite subsections (1) and (2) , 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.

(7) 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.

(8) 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.

(9) In this section—

"accredited media entity" means an entity listed as an accredited media entity in the Supreme Court’s media accreditation policy.

"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—

(a) an urban community; or

(b) a rural community; or

(c) 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—

(a) 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

(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 1992 for an offence or for the sentencing of the child for an offence.

"relative" , of a deceased victim of an offence alleged to have been committed by a child, means—

(a) a spouse, child, stepchild, parent, step-parent, sibling, step-sibling, aunt, uncle, grandparent or grandchild of the deceased victim; or

(b) a child, other than a child mentioned in paragraph (a) , for whom the deceased victim had parental responsibility; or

(c) a person who, under Aboriginal tradition or Island custom, is regarded as a person mentioned in paragraph (a) or (b) .

"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.