Childrens Court Rules 2016
sec.48Attending appearance by audio visual link or audio link
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sec.48 Attending appearance by audio visual link or audio link
The court may, on its own initiative or on the application of a participant orally or in writing, direct that a participant (an appearing participant ) or a witness attend a future appearance for a CAO proceeding or child protection proceeding by audio visual link or audio link. See rule 64 (2) (j) in relation to how an appearance in an acknowledgement of sex proceeding is to happen. A written application under subrule (1) must— be filed in the court before the appearance; and state— how and when notice of the application has been given to the other participants to the proceeding; and whether any other participant objected to the application; and whether the appearing participant is aware of any issues in the proceeding that are likely to be contested between the parties during the appearance. An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. The court must, in considering whether to make the direction, have regard to— the distance the appearing participant or witness would have to travel to attend the place where the appearance is to be held; and any other practicality that would make it difficult for the appearing participant or witness to attend the appearance in person. r 48 amd 2018 SL No. 165 s 10 ; 2024 SL No. 76 s 26 (sec.48-ssec.1) The court may, on its own initiative or on the application of a participant orally or in writing, direct that a participant (an appearing participant ) or a witness attend a future appearance for a CAO proceeding or child protection proceeding by audio visual link or audio link. See rule 64 (2) (j) in relation to how an appearance in an acknowledgement of sex proceeding is to happen. (sec.48-ssec.2) A written application under subrule (1) must— be filed in the court before the appearance; and state— how and when notice of the application has been given to the other participants to the proceeding; and whether any other participant objected to the application; and whether the appearing participant is aware of any issues in the proceeding that are likely to be contested between the parties during the appearance. (sec.48-ssec.3) An application under subrule (1) is an application in a proceeding for these rules. See part 7 , division 2 for how this application is to be made in a proceeding. (sec.48-ssec.4) The court must, in considering whether to make the direction, have regard to— the distance the appearing participant or witness would have to travel to attend the place where the appearance is to be held; and any other practicality that would make it difficult for the appearing participant or witness to attend the appearance in person.
- (a) be filed in the court before the appearance; and
- (b) state— (i) how and when notice of the application has been given to the other participants to the proceeding; and (ii) whether any other participant objected to the application; and (iii) whether the appearing participant is aware of any issues in the proceeding that are likely to be contested between the parties during the appearance.