Victorian Numbered Acts

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OPEN COURTS ACT 2013 (NO. 58 OF 2013) - SECT 30

Power to close proceeding to the public

    (1)     Subject to subsections (2) and (3), a court or tribunal—

        (a)     may order that the whole or any part of a proceeding be heard in closed court or closed tribunal; or

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

    (2)     A court or tribunal other than the Coroners Court may make a closed court order if satisfied as to one or more of the following grounds—

        (a)     the order is necessary to prevent a real and substantial risk of prejudice to the proper administration of justice that cannot be prevented by other reasonably available means;

Example

Other reasonably available means may include directions to the jury, making a proceeding suppression order, or orders excluding only certain persons or a more limited class of persons from the court or tribunal.

        (b)     the order is necessary to prevent prejudice to the interests of the Commonwealth or a State or Territory in relation to national or international security;

        (c)     the order is necessary to protect the safety of any person;

        (d)     the order is necessary to avoid causing undue distress or embarrassment to a complainant or witness in any criminal proceeding involving a sexual offence or a family violence offence;

        (e)     the order is necessary to avoid causing undue distress or embarrassment to a child who is a witness in any criminal proceeding;

        (f)     in the case of VCAT, the order is necessary—

              (i)     to avoid the disclosure of confidential information or information the subject of a certificate under section 53 or 54 of the Victorian Civil and Administrative Tribunal Act 1998 ;

              (ii)     for any other reason in the interests of justice.

    (3)     The Coroners Court may make a closed court order if the coroner constituting the Coroners Court reasonably believes that an order is necessary in the public interest, having regard to the matters specified in Part 2 of the Coroners Act 2008 .



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