Queensland COURTS (VIDEO LINK) AMENDMENT BILL 1995 Queensland oh COURTS (VIDEO LINK) AMENDMENT BILL 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 2.2... eee eee 4 2 Commencement ......... 0.0.0 eee eee 4 PART 2—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 3 Act amended .......... 0... eee eee 4 4 Insertion of new pt 8A .... 6.0.6... c cece eect ee 4 PART 8A—USE OF VIDEO LINK FACILITIES 116A Purpose of part... 0.06... 4 116B Definitions for part... 6.2... 6... eee 5 116C_ Use of video link facilities in proceedings .................... 5 116D Detainee taken to be before the court ..................00000. 5 116E Way video link facilities must be operated. ...............00-5 6 116F Facilities for private communication .............-...000000 es 6 116G Variation or revocation of order ..........000....00 0002 ee eee 6 5 Insertion of new s 127 1... 7 127. Video link facilities... 0.0... eee eee 7 PART 3—AMENDMENT OF DISTRICT COURTS ACT 1967 6 Act amended .......... 0... eee eee 7 7 Insertion of new pt 6AA ... 2... eee nett 7 PART 6AA—USE OF VIDEO LINK FACILITIES 9I1W Purpose of part... 6... eens 7 91X Definitions for part... 6... 6. eee tee ee 8 Courts (Video Link) Amendment 91Y Use of video link facilities in proceedings .................... 91Z Detainee taken to be before the court ..................00000. 91ZA Way video link facilities must be operated. ...............00-- 91ZB Facilities for private communication .................000000 ee 91ZC Variation or revocation of order ..........0 00.0.0... cee eee Insertion ofnews 111A... 2... eee eee 111A Video link facilities... 2.0... eee eee PART 4—AMENDMENT OF JUSTICES ACT 1886 Act amended .......... 0... eee eee Insertion of new pt 6A... 0.6... cece cece cect eee PART 6A—USE OF VIDEO LINK FACILITIES 178A Purpose of part... 0.6.6 ieee etc tteee 178B Definitions for part... 6.6.6... eet ees 178C_ Use of video link facilities in proceedings .................... 178D_ Detainee taken to be before the court ..................00000. 178E Way video link facilities must be operated .................--. 178F Facilities for private communication................00000000- 178G_ Variation or revocation of order ..........0....0.0 0000 eee Insertion of news 272 1.2.6.2 eee eee 272 Video link facilities... 2.2... eee eee A BILL FOR An Act to provide for the use of video link facilities for certain court proceedings Clause Clause Clause Clause sl 4 s4 Courts (Video Link) Amendment The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Courts (Video Link) Amendment Act 1995. Commencement 2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 Act amended 3. This part amends the Supreme Court of Queensland Act 1991. Insertion of new pt 8A 4. After part 8— insert— 'PART 8A—USE OF VIDEO LINK FACILITIES 'Purpose of part '116A. The purpose of this part is to provide for the use of video link facilities for certain proceedings before the Supreme Court. 11 1318 s4 5 s4 Courts (Video Link) Amendment 'Definitions for part "116B. In this part— "detainee" means— (a) for section 116C(1)}—someone who is in custody at a correctional institution; and (b) otherwise—someone who is— (i) in custody at a correctional institution; and (11) a party to a proceeding. "proceeding" for a provision of this part, other than section 116C(1), means a proceeding to which section 116C(1) applies. "Use of video link facilities in proceedings "116C.(1) This section applies to a proceeding if— (a) a detainee is entitled or required to be present before the Supreme Court for the proceeding; and (b) the proceeding is about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. '(2) A proceeding for the detainee's bail or remand must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. "(3) In a proceeding, other than a proceeding for the detainee's bail or remand, the court may order the proceeding be conducted using video link facilities if all parties consent. "(4) Only the court, the detainee and the detainee's representative in a proceeding may use the video link facilities for the proceeding. 'Detainee taken to be before the court "116D.(1) A person present at the part of the correctional institution used coO WN DD UB WY YY eS e 12 14 1619 212427 29 s4 6 s4 Courts (Video Link) Amendment for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the Supreme Court for all purposes. '(2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding. "(3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee's use of video link facilities for the proceeding. "Way video link facilities must be operated *116E.(1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the Supreme Court. "(2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court. 'Facilities for private communication "116F.(1) The Supreme Court and the correctional institution must make facilities available for private communication between the detainee and the detainee's representative in a proceeding if the representative is at the place where the court is sitting. "(2) A communication between the detainee and the detainee's representative is as confidential and as inadmissible in any proceeding as it would be if it took place while the detainee and the detainee's representative were in each other's presence. 'Variation or revocation of order '116G. The Supreme Court may, at any time, vary or revoke an order made under section 116C.'. NNW RW Ne 11 131719 2123 26 Clause Clause Clause s5 7 s7 Courts (Video Link) Amendment Insertion of new s 127 5. After section 126— insert— 'Video link facilities "127.(1) Part 8A! applies to bail and remand proceedings whether the proceeding for the offence from which the bail or remand proceeding arose was started before or after the commencement of this section. '(2) This section is a law to which the Acts Interpretation Act 1954, section 20A applies. '(3) This section expires 6 months after the day it commences.'. PART 3—AMENDMENT OF DISTRICT COURTS ACT Act amended 6. This part amends the District Courts Act 1967. Insertion of new pt 6AA 7. After part 6A— insert— 'PART 6AA—USE OF VIDEO LINK FACILITIES 'Purpose of part '91W. The purpose of this part is to provide for the use of video link facilities for certain proceedings before a District Court. 1 Part 8A (Use of video link facilities) CO ADDN BR WN 12 14 1621 s7 8 s7 Courts (Video Link) Amendment 'Definitions for part "91X. In this part— "detainee" means— (a) for section 91Y(1)—someone who is in custody at a correctional institution; and (b) otherwise—someone who is— (i) in custody at a correctional institution; and (11) a party to a proceeding. "proceeding" for a provision of this part, other than section 91 Y(1), means a proceeding to which section 91 Y(1) applies. "Use of video link facilities in proceedings "91Y.(1) This section applies to a proceeding if— (a) a detainee is entitled or required to be present before a District Court for the proceeding; and (b) the proceeding is about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. '(2) A proceeding for the detainee's bail or remand must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. "(3) In a proceeding, other than a proceeding for the detainee's bail or remand, the court may order the proceeding be conducted using video link facilities if all parties consent. "(4) Only the court, the detainee and the detainee's representative in a proceeding may use the video link facilities for the proceeding. 'Detainee taken to be before the court "91Z.(1) A person present at the part of the correctional institution used coO WN DD UB WY YY eS e 12 14 1619 212427 29 s7 9 s7 Courts (Video Link) Amendment for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the District Court for all purposes. '(2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding. "(3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee's use of video link facilities for the proceeding. "Way video link facilities must be operated "91ZA.(1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the District Court. "(2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court. 'Facilities for private communication "91ZB.(1) The District Court and the correctional institution must make facilities available for private communication between the detainee and the detainee's representative in a proceeding if the representative is at the place where the court is sitting. "(2) A communication between the detainee and the detainee's representative is as confidential and as inadmissible in any proceeding as it would be if it took place between the detainee and the detainee's representative while in each other's presence. 'Variation or revocation of order '91ZC. The District Court may, at any time, vary or revoke an order made under section 91Y.'. NNW RW Ne 11 131719 2123 26 Clause Clause Clause s8 10 s10 Courts (Video Link) Amendment Insertion of news 111A 8. After section 11 1— insert— 'Video link facilities *111A.(1) Part 6AA2 applies to bail and remand proceedings whether the proceeding for the offence from which the bail or remand proceeding arose was started before or after the commencement of this section. '(2) This section is a law to which the Acts Interpretation Act 1954, section 20A applies. '(3) This section expires 6 months after the day it commences.'. PART 4—AMENDMENT OF JUSTICES ACT 1886 Act amended 9. This part amends the Justices Act 1886. Insertion of new pt 6A 10. After part 6— insert— 'PART 6A—USE OF VIDEO LINK FACILITIES 'Purpose of part '178A. The purpose of this part is to provide for the use of video link facilities for certain proceedings before a Magistrates Court. 2 Part 6AA (Use of video link facilities) CO ADDN BR WN 13 1520 s 10 11 s10 Courts (Video Link) Amendment 'Definitions for part "178B. In this part— "detainee" means— (a) for section 178C(1)}—someone who is in custody at a correctional institution; and (b) otherwise—someone who is— (i) in custody at a correctional institution; and (11) a party to a proceeding. "proceeding" for a provision of this part, other than section 178C(1), means a proceeding to which section 178C(1) applies. "Use of video link facilities in proceedings "178C.(1) This section applies to a proceeding if— (a) adetainee is entitled or required to be present before a Magistrates Court for the proceeding; and (b) the proceeding is about an offence with which the detainee is charged, including a proceeding for the detainee's bail or remand; and (c) video link facilities are available linking the correctional institution where the detainee is in custody and the court. '(2) A proceeding for the detainee's bail or remand must be conducted using the video link facilities, unless the court, in the interests of justice, otherwise orders. "(3) In a proceeding, other than a proceeding for the detainee's bail or remand, the court may order the proceeding be conducted using video link facilities if all parties consent. "(4) Only the court, the detainee and the detainee's representative in a proceeding may use the video link facilities for the proceeding. 'Detainee taken to be before the court '178D.(1) A person present at the part of the correctional institution used coO WN DD UB WY YY eS e 12 14 1619 212427 29 s 10 12 s10 Courts (Video Link) Amendment for the conduct of a proceeding, when the proceeding is being conducted, is taken to be in the presence of the Magistrates Court for all purposes. '(2) The part of the correctional institution used for the proceeding is taken to be part of the court for the conduct of the proceeding. "(3) Any entitlement of, or requirement for, the detainee under any law or court order to be present before the court in the proceeding is taken to be satisfied by the detainee's use of video link facilities for the proceeding. "Way video link facilities must be operated '178E.(1) Video link facilities, when used for a proceeding, are to be operated in a way that ensures two-way audio and visual communication between the detainee and the Magistrates Court. "(2) If video link facilities fail during a proceeding, the court may adjourn the proceeding or make another appropriate order, as if the detainee were still in the presence of the court. 'Facilities for private communication '178F.(1) A Magistrates Court and the correctional institution must make facilities available for private communication between the detainee and the detainee's representative in a proceeding if the representative is at the place where the court is sitting. "(2) A communication between the detainee and the detainee's representative is as confidential and as inadmissible in any proceeding as it would be if it took place between the detainee and the detainee's representative while in each other's presence. 'Variation or revocation of order '178G. A Magistrates Court may, at any time, vary or revoke an order made under section 178C.'. NNW RW Ne 11 131719 2123 26 Clause sll 13 sll Courts (Video Link) Amendment Insertion of new s 272 11. After section 271— insert— 'Video link facilities '272.(1) Part 6A3 applies to bail and remand proceedings whether the proceeding for the offence from which the bail or remand proceeding arose was started before or after the commencement of this section. '(2) This section is a law to which the Acts Interpretation Act 1954, section 20A applies. "(3) This section expires 6 months after the day it commences.'. © State of Queensland 1995 3 Part 6A (Use of video link facilities) CO ADDN BR WN 11