ACTIn ForceAct
Magistrates Court Act 1930
310Hearings generally to be in public
Start here
Get a plain-English read of 310
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
310 Hearings generally to be in public
(1) The hearing of a proceeding before the Magistrates Court must be in
public.
(2) However, if the magistrate presiding at a hearing is of the opinion that
it is desirable in the public interest or in the interests of justice to do
so, the magistrate may, by order—
(a) direct that the hearing or part of the hearing take place in private
and give directions about the people who may be present; and
(b) give directions prohibiting or restricting the publication of
evidence given at the hearing, whether in public or in private, or
of matters contained in documents lodged with the court or
received in evidence by the court for the purposes of the
(c) give directions prohibiting or restricting the disclosure to some
or all of the parties to the proceeding of evidence given at the
hearing, or of a matter contained in a document lodged with the
court or received in evidence by the court for the purposes of the
(3) A person who, without reasonable excuse, contravenes an order under
subsection (2) commits an offence.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
(4) Subsection (1)—
(a) does not apply in relation to a civil matter that, under another
territory law, may be dealt with otherwise than in open court;
and
(b) is subject to any other territory law that restricts who may be
present at a hearing.