In most cases, a gaol order will not be required as an incarcerated party can participate in a court hearing through a live video link.
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. If the person is not legally represented, it is the role of the case practitioner to complete the gaol order.
Case practitioner tasks
- Any requirement for a prison video link, is completed through the CMS Portal within the relevant child’s case and will be coordinated by the Court.
- In the rare case that a goal order may be required, 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 2602 Court owned forms.
- A request for a gaol order has not been included on the the CMS Portal and the completed form will need to be delivered or emailed to the Children’s Court.
- After a magistrate has signed it, the form will be returned to you by email.
- Send 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, notify the court through the CMS Portal prior to the hearing who will arrange security at court.
- Seek legal advice from CPLO prior to the hearing date.
- Update court screen in CRIS.
- Provide ongoing supervision and consultation.