sec.43Way child is to be heard in proceeding

sec.43 Way child is to be heard in proceeding

This rule applies if the court is to hear from a child who is the subject of a CAO proceeding, child protection proceeding or adoption proceeding, other than when the child gives evidence. Part 8 , division 4 provides for the way a child is to give evidence. The Child Protection Act and the Adoption Act provide for the court to ascertain a child’s views and wishes in particular circumstances. See, for example, the Child Protection Act , section 59 (1) (d) and the Adoption Act , section 179 . For an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 76 in relation to how a child may be heard in the proceeding. The court may hear from a child in the way the court considers appropriate, including, for example, by— hearing from the child orally in court or another place or with the use of technology, including an audio visual link or audio link; or hearing from the child without the other participants being present; or receiving a document from the child; or receiving submissions by, or on behalf of, the child; or if a proceeding is a CAO proceeding or child protection proceeding—receiving submissions by a direct representative of the child or the public guardian; or if a proceeding is a child protection proceeding—receiving submissions by a separate representative of the child; or if the child is an Aboriginal or Torres Strait Islander child—receiving submissions from a person who may appropriately speak for the child in accordance with Aboriginal tradition or Island custom. In making a decision under this rule, the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 43 amd 2024 SL No. 76 s 25 (sec.43-ssec.1) This rule applies if the court is to hear from a child who is the subject of a CAO proceeding, child protection proceeding or adoption proceeding, other than when the child gives evidence. Part 8 , division 4 provides for the way a child is to give evidence. The Child Protection Act and the Adoption Act provide for the court to ascertain a child’s views and wishes in particular circumstances. See, for example, the Child Protection Act , section 59 (1) (d) and the Adoption Act , section 179 . For an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 76 in relation to how a child may be heard in the proceeding. (sec.43-ssec.2) The court may hear from a child in the way the court considers appropriate, including, for example, by— hearing from the child orally in court or another place or with the use of technology, including an audio visual link or audio link; or hearing from the child without the other participants being present; or receiving a document from the child; or receiving submissions by, or on behalf of, the child; or if a proceeding is a CAO proceeding or child protection proceeding—receiving submissions by a direct representative of the child or the public guardian; or if a proceeding is a child protection proceeding—receiving submissions by a separate representative of the child; or if the child is an Aboriginal or Torres Strait Islander child—receiving submissions from a person who may appropriately speak for the child in accordance with Aboriginal tradition or Island custom. (sec.43-ssec.3) In making a decision under this rule, the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.