7NEWS journalists have been denied access to certain Children’s Court proceedings only days after the Queensland Government officially passed laws opening it up to victims and accredited media organisations.
The Miles Labor Government passed the new legislation, which went into effect on August 30, as part of a promise made by the premier earlier in the year.
WATCH THE VIDEO ABOVE: First look inside Children’s Court since major law change.
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The laws make the Children’s Court more open to victims of crime, the family of victims who have died, victim representatives and to the media.
Under the changes, victims of crime or the family of victims who have died, including by homicide, cannot be excluded from proceedings.
Journalists, who were previously required to apply to attend proceedings, will now be able to attend unless they are excluded to prevent prejudice to the administration of justice or for the safety of any person, including the child.
The media will still be prohibited from publishing identifying information the children.
On Wednesday alone, more than 1100 criminal charges were faced by young offenders as 7NEWS journalists attended Brisbane Children’s Court, before being denied access to a bail hearing for a 17-year-old boy.
The boy’s lawyer said his alleged crime involved the use of a knife, however the court did not disclose the exact charge.
In upholding an application to exclude media, Magistrate Megan Power cited the boy’s “special vulnerabilities” due to his mental health, and how media could impact his ability to “meaningfully participate” in the proceedings.
Other factors such as a child’s age, culture and even the seriousness of the charges can also still see media locked out.
Trudy Reading from Voice For Victims told 7NEWS she feared victims were still “coming second to the perpetrators”.
“I think it’s disappointing the media have been refused access,” Reading said.
“I think it’s really important that there is that level of transparency.”
owever lawyer Emma Kearney countered that children accused of crimes were still in need of protection.
“At the end of the day they are still kids who often come from disadvantaged upbringings, who may have had crimes committed against them as well, and who need some protection,” she said.
In a statement released on August 30, Premier Steven Miles said his government would “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 Children’s Court proceedings,” he said.
“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.”
Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath said that open justice was “fundamental” for a strong democracy.
“Making sure victims of crime or family of a victim of homicide are able to attend the Children’s Court, not only allows them to see justice in progress but recognises their rights,” she said.
“The government has heard the voices of victims, many of whom felt let down by the previous laws.
“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.”
