- New laws that enhance access to Childrens Court proceedings take effect
- Laws balance the best interests of children with the rights of victims of crime and open justice
- Media guide being prepared to assist media with their responsibilities
Victims, their families and the media will be given greater access to Childrens Court after new laws took effect today.
The laws, which passed Queensland Parliament last week, make the Childrens Court more open to victims of crime, the family of victims who have died, victim representatives and accredited media entities.
These laws apply to Childrens Court criminal proceedings not heard on indictment, such as matters heard by a Childrens Court Magistrate.
Under the changes, victims of crime – or the family of victims who have died, including by homicide, cannot be excluded from proceedings.
The media, who were previously required to apply to be present, can attend proceedings if accredited, unless excluded where necessary to prevent prejudice to the administration of justice or for the safety of any person, including the child.
There are special safeguards for when a matter is being dealt with under the Mental Health Act 2016.
No changes have been made where serious charges are heard on indictment by a Childrens Court judge or in the Supreme Court, which will still be open.
Media and others will still be prohibited from publishing identifying information about the child.
The Department of Justice and Attorney-General have created a media guide to help journalists understand the changes, and their reporting responsibilities.
A briefing will also be provided to accredited media.
As stated by Premier Steven Miles:
“My government will always put victims first.
“It’s why it made sense to me that we allow them, as well as families of homicide victims, to attend Childrens Court proceedings.
“They more than anyone deserve to hear matters firsthand as they progress through the courts.
“These laws strike the right balance between transparency and protecting the interests of the child and will only strengthen community confidence in our justice system.”
As stated by Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath:
“Open justice is fundamental to our strong democracy.
“Making sure victims of crime or family of a victim of homicide are able to attend the Childrens Court, not only allows them to see justice in progress but recognises their rights.
“The Government has heard the voices of victims many of whom felt let down by the previous laws.
“That’s why the Miles Government made these amendments.
“Changing the test about whether media is allowed to attend Childrens Court proceedings will also help give the wider community confidence in the justice system.
“We still have a responsibility to safeguard the best interests of accused children but the new measures strike the right balance between that and the rights of victims.”
