Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AU

21AU Exclusion of public

(1) This section applies if—

(a) an affected child is to give evidence under subdivision 3 or 4 in a relevant proceeding; or

(b) the evidence of an affected child contained in any of the following is to be presented at a relevant proceeding—

(i) a videorecording made under subdivision 3 or 4 , or a lawfully edited copy of the videorecording;

(ii) the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in subparagraph (i) , or a lawfully edited copy of the usable soundtrack;

Note—

See part 2 , division 4AA in relation to the use of soundtracks from particular recordings.

(iii) a statement that, under section 93A , is admissible as evidence in the proceeding.

(2) The court must make an order excluding from the room in which it is sitting all persons, other than essential persons, while—

(a) the child is giving the evidence mentioned in subsection (1) (a) ; or

(b) the evidence mentioned in subsection (1) (b) is being presented.

(3) However, subsection (2) does not apply if—

(a) the evidence to be given by the child, or presented at the proceeding, is other than in relation to an offence of a sexual nature; and

(b) the court is satisfied that the interests of justice require the evidence to be heard in open court.

Note—

See the Child Protection Act 1999 , section 193 for restrictions on disclosing identifying information about the affected child.

(4) In this section—

"essential person" , for a proceeding, means any of the following persons—

(a) a party to the proceeding and the party’s counsel;

(b) a Crown law officer or a person authorised by a Crown law officer;

(c) the prosecutor;

(d) an intermediary under division 4C for the child;

(e) a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding;

(f) a support person for the child under section 21AV ;

(g) a person who applies to the court to be present and whose presence, in the court’s opinion—

(i) would serve a proper interest of the person; and

(ii) would not be prejudicial to the child’s interests.