Western Australian Current Acts Western Australian Current Acts (1) In this section,
unless the contrary intention appears —
proceedings means proceedings on or in relation to
a case.
(2) Subject to this
section, all proceedings in a court are to be in open court and the courtroom
where the court sits is to be open to the public unless this Act or the rules
of court or another written law provides otherwise.
(3) On an application
by a party to the case, or on its own initiative, a court may order a person
who may be called as a witness in proceedings, other than the accused —
(a) to
leave the courtroom and to remain out of hearing of the courtroom until called
to give evidence;
(b) not
to discuss his or her evidence with a person or persons specified by the
court.
(4) On an application
by a party to the case, or on its own initiative, a court may, if satisfied it
is in the interests of justice to do so —
(a)
order any or all persons, or any class of persons, to leave or be excluded
from the courtroom during the whole of the proceedings, or a part of them
specified by the court;
(b) make
an order that prohibits the publication outside the courtroom of the whole of
the proceedings, or a part or particular of them specified by the court;
(c) make
an order that prohibits or restricts the publication outside the courtroom of
any matter that is likely to lead members of the public to identify a victim
of an offence.
(5) The powers in
subsection (4) may be exercised by a court at any time after an accused is
charged with an offence and before or after the accused first appears in the
court on the charge.
(6) An order made
under subsection (4) may be made subject to conditions specified by the court.
(7) If a court of
summary jurisdiction makes an order under subsection (4)(b) or (c) in a case
that involves an indictable charge in respect of which the accused is
committed to another court for trial or sentence, the court to which the
accused is committed may set aside the order, whether or not it also makes an
order under this section.
(8) A person who,
under section 172(3), is entitled to act on behalf of a party to the
proceedings must not be excluded from the courtroom under this section.
(9) If a person
contravenes an order to leave the courtroom, the court may order the person to
be removed from the courtroom.
(10) A person who
contravenes an order made under this section commits an offence.
Penalty:
(a) for
an individual, a fine of $12 000 or imprisonment for 12 months;
(b) for
a corporation, a fine of $60 000.
(11) In proceedings
for a contravention of an order made under subsection (4)(c) it is a defence
to prove —
(a) that
prior to the publication of the matter the victim, in writing, authorised the
publication; and
(b) that
at the time the victim authorised the publication, the victim had reached 18
years of age and was not a person who, because of mental impairment (as
defined in The Criminal Code ), was incapable of making reasonable judgments
in respect of the publication of such matter.