Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020
sec.97Court hearings not public
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sec.97 Court hearings not public
This section applies to the hearing in the court or the appellate court of a proceeding under this Act. The hearing for the proceeding is not open to the public. Despite section 20 of the Childrens Court Act 1992 , a court must exclude from the room in which the court is sitting a person who is not— a child to whom the proceedings relates: or an adult who is the subject of a cultural recognition order relevant to the proceeding; or an appellant; or a respondent; or if the proceeding relates to a child who is the subject of a cultural recognition order— the child’s birth parent; or the child’s cultural parent; or the child’s other carer; or the commissioner; or a lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or a witness giving evidence. However, the court may permit a person who is not mentioned in subsection (3) to be present during the hearing if the court is satisfied it is in the interests of justice to do so. (sec.97-ssec.1) This section applies to the hearing in the court or the appellate court of a proceeding under this Act. (sec.97-ssec.2) The hearing for the proceeding is not open to the public. (sec.97-ssec.3) Despite section 20 of the Childrens Court Act 1992 , a court must exclude from the room in which the court is sitting a person who is not— a child to whom the proceedings relates: or an adult who is the subject of a cultural recognition order relevant to the proceeding; or an appellant; or a respondent; or if the proceeding relates to a child who is the subject of a cultural recognition order— the child’s birth parent; or the child’s cultural parent; or the child’s other carer; or the commissioner; or a lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or a witness giving evidence. (sec.97-ssec.4) However, the court may permit a person who is not mentioned in subsection (3) to be present during the hearing if the court is satisfied it is in the interests of justice to do so.
- (a) a child to whom the proceedings relates: or
- (b) an adult who is the subject of a cultural recognition order relevant to the proceeding; or
- (c) an appellant; or
- (d) a respondent; or
- (e) if the proceeding relates to a child who is the subject of a cultural recognition order— (i) the child’s birth parent; or (ii) the child’s cultural parent; or (iii) the child’s other carer; or
- (i) the child’s birth parent; or
- (ii) the child’s cultural parent; or
- (iii) the child’s other carer; or
- (f) the commissioner; or
- (g) a lawyer of a party to the proceeding or of a person mentioned in paragraphs (a) to (e) (iii) ; or
- (h) a witness giving evidence.