42FSpecial provisions applicable to certain proceedings involving children

42F Special provisions applicable to certain proceedings involving children (1) This section only applies with respect to a person who is a child and then only where— S. 42F(1)(a) amended by No. 48/2006 s. 42(Sch. item 13.3(a)). (a) the proceeding is an application to the Family Division of the Children's Court under the **Children, Youth and Families Act 2005** and the child is the subject of the application; or S. 42F(1)(b) amended by No. 48/2006 s. 42(Sch. item 13.3(b)). (b) the proceeding is an appeal under section 328 or 329 of the **Children, Youth and Families Act 2005** and the child was the subject of the application made to, or order made by, the Children's Court. (2) Unless the court otherwise directs under section 42E(1), a child who is required to appear, or be brought, before a court is required to appear, or be brought, physically before the court. (3) A court must not make a direction under section 42E(1) unless it is satisfied that the making of the direction is— (a) in the best interests of the child; and (b) consistent with the interests of justice. (4) In determining whether the making of a direction under section 42E(1) is in the best interests of a child, the court— (a) may have regard to the appropriateness of the direction in terms of the security and protection of the child; and (b) may consider whether physical appearance before the court would cause the child to suffer emotional distress to an unacceptable level; and (c) must consider any wishes expressed by the child. (5) In determining whether the making of a direction under section 42E(1) relating to a child is consistent with the interests of justice, the court must take into consideration the effect of the direction on the child's ability— (a) to comprehend the proceeding; and (b) to communicate with his or her legal representative and give instructions, or express wishes, to that representative. S. 42F(6) amended by Nos 68/2009 s. 97(Sch. item 54.21), 11/2021 s. 6(1). (6) A court must not make a direction under section 42E(1) relating to a child unless it is satisfied that the technical requirements specified in section 42R are met in the case of the particular link and, for this purpose, section 42R has effect as if the child were an accused. S. 42F(7) amended by Nos 11/2021 s. 6(2), 38/2022 s. 93(2). (7) A court must not make a direction under section 42E(1) that a child appear before, or give evidence or make a submission to, the court by audio link unless it is satisfied that exceptional circumstances exist. (8) Section 42E has effect in relation to a child as if the child were a party to the proceeding. S. 42G inserted by No. 4/1997 s. 3, substituted by No. 11/2021 s. 7.