Gaol order

Follow this procedure when seeking a gaol order to allow a party to proceedings who is incarcerated to attend court.

Introduction

Gaol orders are court orders issued by the Children’s Court to allow parties to proceedings who are incarcerated to attend court.

Parents in prison have the right to attend and participate in court process on matters relating to their children.

If a person is legally represented it is the responsibility of their lawyer to organise a gaol order. 

Procedure

Case practitioner tasks

  • Liaise with the incarcerated person’s solicitor or with the person directly if they are unrepresented, to determine their intentions in regard to attending court and the need for a gaol order. Obtain their consent before applying for a gaol order.
  • If a gaol order is required, complete Schedule 2 Regulation 20 form ‘Order to bring a prisoner before a court or coroner’, or if it relates to a child or young person in youth justice detention, form 15 ‘Order to bring a person before a court including Coroners Court (CYFA s. 490). These forms are available at Court owned forms.
  • Deliver or fax the completed form to the Children’s Court.
  • After a magistrate has signed it, the form will be returned to you by post/fax.
  • Fax the issued order to the relevant contact person at the gaol or youth justice centre.
  • The gaol or youth justice centre then arranges for the person to be transported to the Court on the set date.
  • If you are concerned there may be security issues, contact the Court or police prior to the hearing and arrange security at court.
  • Seek legal advice from CPLO prior to the hearing date.
  • Update court screen in CRIS.

Supervisor tasks

  • Provide ongoing supervision and consultation.

Additional information

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