73Protection application to be heard in closed court unless Court orders otherwise

73 Protection application to be heard in closed court unless Court orders otherwise

(1) Unless the Court orders otherwise, a protection application must be heard in closed court.

(2) The Court may make an order under subsection (1) if it considers it appropriate to do so.

(3) If the protection application is heard in closed court, the only persons who may be present at the hearing are—

S. 73(3)(a) amended by No. 37/2024 s. 104(3).

(a) the Chief Commissioner or the Chief Commissioner's delegate;

(b) any lawyers representing the Chief Commissioner;

(c) a special counsel appointed under section 71 in relation to the application;

(d) any witnesses who may be called to give evidence;

(e) the presiding judge and any court staff necessary for the hearing.

(4) If the protection application is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house—

(a) stating that the hearing is being held in closed court; and

(b) stating who may be present at the hearing; and

(c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held.

S. 73(5) substituted by No. 37/2024 s. 47.

(5) If the Court makes an order under subsection (1)—

(a) the Chief Commissioner may withdraw the protection application; and

(b) if the substantive application was made by the Chief Commissioner, the Chief Commissioner may withdraw that application (or both applications).

S. 73(6) repealed by No. 37/2024 s. 103(1).