sec.128Hearing of complaints in camera

### sec.128 Hearing of complaints in camera Except as hereinafter provided, upon and during the hearing of a complaint under part 2 , division 1 , subdivision 4 , 5 or 6 (so far as it relates to a child whose parents were not married to each other at the time of its conception and have not since married each other, or the mother of such child), no person shall be or be permitted to be present in the court except the following— the adjudicating magistrate, the officers of the court and a police officer; the complainant and the defendant and their respective counsel and solicitors; the mother or sister or other relative or friend of the complainant if so desired by the complainant; any person whilst being examined as a witness; the mother or sister or other relative or friend of any female witness if so desired by the witness whilst being examined; an officer of the department of the government of Queensland within which the Community Services Act 2007 is administered; an officer of the public service authorised by the Minister so to appear pursuant to section 132 ; any representative of any organisation or institution interested in the care of deserted wives or children, children whose parents are not married to each other or the mothers of such children, and permitted by the adjudicating magistrate to be present. However, the court may, if of the opinion that there are special circumstances that make it necessary or desirable in the interests of the proper administration of justice so to do, permit any other person to be present. The provisions of subsections (1) and (1A) shall, with such modifications and adaptations as are necessary, extend and apply to the hearing of— any appeal against a decision or order made upon any complaint referred to in subsection (1) ; and any application for the discharge, suspension, variation, or annulment of a maintenance order made upon any such complaint and any appeal against a decision or order made upon any such application. Notwithstanding the provisions of the Justices Act 1886 , section 70 , where, in any proceedings under this Act, the court is satisfied that there are special circumstances that make it necessary or desirable in the interests of the proper administration of justice that the proceedings, or any part of the proceedings, should not be heard in open court, the court may order that any persons, not being party to the proceedings or their counsel or solicitors, shall be excluded during the hearing of the proceedings, or the part of the proceedings, as the case may be. s 128 amd 1978 No. 30 s 14 (1) sch ; 1990 No. 80 s 3 sch 6 ; 2014 No. 12 s 77 sch 1 (sec.128-ssec.1) Except as hereinafter provided, upon and during the hearing of a complaint under part 2 , division 1 , subdivision 4 , 5 or 6 (so far as it relates to a child whose parents were not married to each other at the time of its conception and have not since married each other, or the mother of such child), no person shall be or be permitted to be present in the court except the following— the adjudicating magistrate, the officers of the court and a police officer; the complainant and the defendant and their respective counsel and solicitors; the mother or sister or other relative or friend of the complainant if so desired by the complainant; any person whilst being examined as a witness; the mother or sister or other relative or friend of any female witness if so desired by the witness whilst being examined; an officer of the department of the government of Queensland within which the Community Services Act 2007 is administered; an officer of the public service authorised by the Minister so to appear pursuant to section 132 ; any representative of any organisation or institution interested in the care of deserted wives or children, children whose parents are not married to each other or the mothers of such children, and permitted by the adjudicating magistrate to be present. (sec.128-ssec.1A) However, the court may, if of the opinion that there are special circumstances that make it necessary or desirable in the interests of the proper administration of justice so to do, permit any other person to be present. (sec.128-ssec.2) The provisions of subsections (1) and (1A) shall, with such modifications and adaptations as are necessary, extend and apply to the hearing of— any appeal against a decision or order made upon any complaint referred to in subsection (1) ; and any application for the discharge, suspension, variation, or annulment of a maintenance order made upon any such complaint and any appeal against a decision or order made upon any such application. (sec.128-ssec.3) Notwithstanding the provisions of the Justices Act 1886 , section 70 , where, in any proceedings under this Act, the court is satisfied that there are special circumstances that make it necessary or desirable in the interests of the proper administration of justice that the proceedings, or any part of the proceedings, should not be heard in open court, the court may order that any persons, not being party to the proceedings or their counsel or solicitors, shall be excluded during the hearing of the proceedings, or the part of the proceedings, as the case may be. - (a) the adjudicating magistrate, the officers of the court and a police officer; - (b) the complainant and the defendant and their respective counsel and solicitors; - (c) the mother or sister or other relative or friend of the complainant if so desired by the complainant; - (d) any person whilst being examined as a witness; - (e) the mother or sister or other relative or friend of any female witness if so desired by the witness whilst being examined; - (f) an officer of the department of the government of Queensland within which the Community Services Act 2007 is administered; - (g) an officer of the public service authorised by the Minister so to appear pursuant to section 132 ; - (h) any representative of any organisation or institution interested in the care of deserted wives or children, children whose parents are not married to each other or the mothers of such children, and permitted by the adjudicating magistrate to be present. - (a) any appeal against a decision or order made upon any complaint referred to in subsection (1) ; and - (b) any application for the discharge, suspension, variation, or annulment of a maintenance order made upon any such complaint and any appeal against a decision or order made upon any such application.