Court Procedures Forms
41Right of entry etc to court premises
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41 Right of entry etc to court premises (1) A person has a right to enter and remain in an area of court premises that is open to the public if— (a) the person complies with all orders made by a judge or magistrate, whether under this Act or otherwise; and (b) the person complies with all the requirements made under this part by a security officer; and (c) if the person wishes to enter or remain in a courtroom where a court is sitting or about to sit—there is seating for the person in the courtroom. (2) This section is subject to— (a) the ACT Civil and Administrative Tribunal Act 2008, section 39 (Hearings in private or partly in private); and (b) section 72 (Court proceedings involving children or young people not open to public); and (c) the Crimes (Child Sex Offenders) Act 2005, section 132ZG (Proceedings for orders to be closed to public); and (d) the following sections of the Evidence (Miscellaneous Provisions) Act 1991: (i) section 11 (Consequential orders—pt 2.2); (ii) section 50 (Evidence to be given in closed court); (iii) section 70 (Consequential orders—div 4.3.5); (iv) section 73 (Certain evidence to be given in closed court);
(v) section 77 (c) (Application for leave under s 76); (vi) section 79G (5) (Preliminary examination of protected confidence evidence); (vii) section 79I (2) (a) (Ancillary orders for protection of person who made protected confidence); (viii) section 102 (Witness with vulnerability may give evidence in closed court); (ix) section 111 (4) (Prohibition of publication of evidence etc); and (e) the Inquiries Act 1991, section 21 (3) (Power to hold); and (f) the Magistrates Court Act 1930, section 310 (Hearings generally to be in public); and (g) the Royal Commissions Act 1991, section 28 (3) (Power to hold); and (h) the Workplace Privacy Act 2011, section 27; and (i) the inherent jurisdiction of a court to regulate its proceedings; and (j) any other law in force in the ACT about the people who may be present in a court or on court premises.