72Court proceedings involving children or young people

72 Court proceedings involving children or young people not open to public (1) If a child or young person is the subject of a proceeding in a court, the following people are the only people who may be present at the hearing of the proceeding: (a) an officer of the court; (b) a party to the proceeding, a lawyer representing the party, and an employee of the lawyer; (c) a parent of the child or young person; (d) someone else who has daily care responsibility, or long-term care responsibility, for the child or young person; (e) anyone else the court admits as the child’s or young person’s representative;

(f) the director-general or an authorised person under the Children and Young People Act 2008; (g) the public advocate or a person authorised by the public advocate for this section; (h) if the child or young person is an Aboriginal or Torres Strait Islander person— (i) the Aboriginal and Torres Strait Islander children and young people commissioner; or (ii) a person authorised by the Aboriginal and Torres Strait Islander children and young people commissioner for this section; (i) a person who has, or a representative of an entity that has, provided a report under the care and protection chapters; (j) for a criminal proceeding—a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer; Note Publishing certain information about proceedings involving children is an offence (see Criminal Code, s 712A (Publishing identifying information about childrens proceedings)). (k) for a criminal proceeding—a person who was a victim of an offence to which the proceeding relates, unless the person is excluded by the court under subsection (2); (l) for a criminal proceeding in which circle sentencing is being considered—a person involved in the circle sentencing; (m) anyone else required or permitted to be present by the court or under the Children and Young People Act 2008 or any other Act.

(2) A court may exclude a person who was a victim of an offence to which a criminal proceeding relates from being present at the hearing of the proceeding if it considers it is appropriate to do so having regard to— (a) the person’s behaviour or expected behaviour; or (b) the nature of the person’s relationship with the child or young Example—par (b) a violent or abusive relationship (3) The public advocate and the director-general may make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2). (4) If an Aboriginal or Torres Strait Islander child or young person is the subject of a proceeding in a court, the Aboriginal and Torres Strait Islander children and young people commissioner may also make submissions to the court about whether the court should require or permit a person to be present under subsection (1) (m), or exclude a person under subsection (2). circle sentencing—see the Magistrates Court Act 1930, dictionary.