Children, Young Persons, and Their Families Amendment Act 2008

1: Title
This Act is the Children, Young Persons, and Their Families Amendment Act 2008.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council.
2: One or more Orders in Council may be made appointing different dates for the commencement of different provisions and for different purposes. Section 2 brought into force 18 May 2009 Children, Young Persons, and Their Families Amendment Act 2008 Commencement Order 2009
3: Principal Act amended
This Act amends the Children, Young Persons, and Their Families Act 1989 OIC SR 2009/79 2009-05-18 Children, Young Persons, and Their Families Act 1989
4: Appointment of barrister or solicitor to represent child or young person
1: Section 159
1: Where a child or young person who is the subject of any proceedings under Part 2 or Part 3A is not represented by a barrister or solicitor, the Court or the Registrar of the Court must appoint a barrister or solicitor to represent the child or young person—
a: in those proceedings:
b: for any other specified purpose (including in relation to other proceedings under this Act or any other Act) considered desirable.
2: Section 159(2) Where the Court appoints a barrister or solicitor under subsection (1) of this section, it shall Where a Court or a Registrar appoints a barrister or solicitor under subsection (1)
3: Section 159
3: Although the proceedings in respect of which any barrister or solicitor was appointed under subsection (1)(a) subsection (1)(b)
a: extend the barrister’s or solicitor’s appointment for any specified purpose; or
b: subject to subsection (2)
c: direct the Registrar of the Court to do either of these things.
5: Appointment of barrister or solicitor to assist Court
Section 160 , or direct the Registrar of the Court to appoint, appoint
6: Persons entitled to be present at hearing of proceedings in Family Court
1: Section 166(1)
na: accredited news media reporters:
nb: persons whom the Judge permits to be present as support persons for—
i: the child or young person on a request by that child or young person:
ii: a party on a request by that party: .
2: Section 166
2: The Judge must agree to a request under subsection (1)(nb)
3: If, during the hearing, the Judge requests a person of any of the following kinds to leave the courtroom, the person must do so:
a: a witness:
b: an accredited news media reporter:
c: a support person whom the Judge permitted to be present under subsection (1)(nb)
4: Nothing in this section limits any other power of the Court—
a: to hear proceedings in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
7: Persons entitled to be present at hearing of application under section 371
1: Section 373(1)
ka: persons whom the Judge permits to be present as support persons for any person described in paragraphs (b) to (f) on a request by that person: .
2: Section 373
1A: The Judge must agree to a request under subsection (1)(ka)
3: Section 373(2) shall and any support person whom the Judge permitted to be present under subsection (1)(ka)
4: Section 373
3: Nothing in this section limits any other power of the Court—
a: to hear the application in private; or
b: to permit a McKenzie friend to be present; or
c: to exclude any person from the Court.
8: New section 437A inserted
The following section is inserted after section 437
437A: Publication of reports of proceedings under Part 2, Part 3A, or section 371
Sections 11B to 11D
a: in a Family Court:
b: in any other court, in which case references in those sections to the Family Court or Court must be read as references to that other court.
9: Restriction on publication of reports of proceedings
1: Section 438 Publication of reports of proceedings under Part 4
2: Section 438(1) this Act Part 4
3: Section 438(2)(a)(ii)
a: inserting , counsellors and mediators carrying out duties under the Care of Children Act 2004 Act
b: omitting welfare
4: Section 438(3) this Act Part 4
5: Section 438(3)(d) In the case of proceedings under Part 4 of this Act,