On an appeal under s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), the District Court must apply the law as it stands at the time of the appeal, not the law as it stood when the Children's Court made its orders. Section 30 of the Interpretation Act 1987 (NSW) does not preserve the application of pre-amendment provisions where the rights and liabilities in question arise from court orders that are themselves under review. The practices regarding the role and representation of children incapable of giving instructions in care proceedings are anomalous and may need re-evaluation.
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