34IProcedure at sampling procedure application hearing

34I Procedure at sampling procedure application hearing

[Section 34I Inserted by No. 28 of 2014, s. 16, Applied:17 Dec 2014]

(1)  The hearing of an application under section 34G for an order in respect of a young child must be held in a closed court.

(2)  A young child may be represented, at the hearing of an application under section 34G for an order in respect of the young child, by an Australian legal practitioner.

(3)  If a young child is not represented by an Australian legal practitioner under subsection (2) and a magistrate considers such representation to be in the best interests of the young child, the magistrate may appoint an Australian legal practitioner to represent the young child at the hearing of an application under section 34G for an order in respect of the young child.

(4)  The Australian legal practitioner is to act in the best interests of the young child, having regard to any evidence reasonably available to the Australian legal practitioner.

(5)  The Australian legal practitioner, or a parent of the young child, may –

(a) cross-examine the applicant for the order; and

(b) with the leave of the magistrate, call or cross-examine any other witnesses; and

(c) address the magistrate.

(6)  A magistrate must not give leave under subsection (5)(b) unless the magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross-examined.

(7)  Before a magistrate makes an order authorising the carrying out of a sampling procedure on a young child, the magistrate is to take into account the following matters:

(a) the age of the young child;

(b) the best interests of the young child;

(c) so far as can be ascertained, whether the young child understands what will be involved in carrying out the sampling procedure and any wishes of the young child with regard to whether the sampling procedure should be carried out;