There is no power in child protection guardianship proceedings under the Children's Protection Act 1993 (SA) to stay or adjourn proceedings until an indigent parent is legally represented. The Dietrich principle is confined to serious criminal proceedings and does not extend to civil proceedings, including guardianship applications. The welfare of the child is the paramount consideration and the public interest in expeditious determination of the child's best interests would be jeopardised by a stay having regard only to the interests of the parents. The ICCPR Article 14.1 does not confer such a power. The question whether a lower standard of proof (risk of harm rather than proof of harm on the balance of probabilities) applies to guardianship applications was left open.
The full text is available to signed-in members.