56Expression of the child's own views

56 Expression of the child's own views

(1)  The expression of a child's own views to the Court under section 56 of the Act may be in such a manner and on such conditions as the Court considers –

(a) just; and

(b) most likely to result in the expression of the child's view that is honestly and freely held by the child.

(2)  Unless the Court directs to the contrary, the opportunity offered to the child to express his or her own views is to be in the following manner:

(a) the magistrate –

(i) is to see the child in private in the presence of only the child's representative and separate representative, if any; but

(ii) must keep a record of any meeting with the child under subparagraph (i) ;

(b) the magistrate must explain to the child, in terms the child is likely to understand, that the views expressed by the child may later be conveyed to other parties to the proceeding;

(c) the magistrate –

(i) to the extent that the magistrate considers just, is to inform the other party or parties to the proceeding of any view expressed by the child that the magistrate considers may affect the outcome of the proceeding; and

(ii) is to allow such party or parties to respond at such time and on such terms as the magistrate considers just.

These rules of court were made by the Magistrates Rule Committee at a meeting held on 19 October 2012.

MICHAEL HILL

Chief Magistrate

MICHAEL DALY

Deputy Chief Magistrate

PETER DIXON

Member

TIM HILL

Member

CHRIS WEBSTER

Member

ROBERT PEARCE

Member

REG MARRON

Member

GLEN HAY

Member

Displayed and numbered in accordance with the Rules Publication Act 1953.