Victorian Current Acts

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YOUTH JUSTICE ACT 2024 - SECT 169

Children's Court proceedings to be heard in open court

    (1)     Subject to subsections (2) and (3), all proceedings in the Criminal Division are to be conducted in open court.

    (2)     The Children's Court is not required to conduct a proceeding in open court if the Court has ordered that the proceeding is to be conducted remotely.

    (3)     The Children's Court may order—

        (a)     that the whole or any part of a proceeding in the Criminal Division be heard in closed court; or

        (b)     that only persons or classes of persons specified by it may be present during the whole or any part of a proceeding in the Criminal Division.

    (4)     An order under subsection (3) may be made—

        (a)     on the application of a party or any other person who has a direct interest in the proceeding; or

        (b)     without any application.

    (5)     Any party to the proceeding and any other interested person has standing to support or oppose an application under subsection (4)(a).

    (6)     If an order has been made under this section, the Children's Court must cause a copy of it to be posted on a door of, or in another conspicuous place at, the place at which the Court is being held.

    (7)     An order posted under this section must not contain any particulars likely to lead to the identification of the child who is a party to the proceeding.

    (8)     A person must not contravene an order made and posted under this section.

Penalty:    

        (a)     in the case of a person 18 years of age or over, 25 penalty units or 6 months imprisonment;

        (b)     in the case of a child 15 years of age or over, 25 penalty units or detention in a youth justice custodial centre for 6 months;

        (c)     in the case of a child under 15 years of age, 12 penalty units or detention in a youth justice custodial centre for 3 months.



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