Family Violence Act 2016

This section applies if—

the court considers that a party to a proceeding for a family violence order has impaired decision-making ability; and

the person is not represented by—

a lawyer; or

another person with a right to represent the person.

The court may, on application, or its own initiative—

adjourn the proceeding so the parties can get representation or appoint a litigation guardian; and

give the parties information necessary to allow the parties to get representation or appoint a litigation guardian; and

tell the public advocate that the proceeding has been adjourned so the parties can get representation or appoint a litigation guardian; and

ask that legal representation be arranged by Legal Aid ACT.

Nothing in this section prevents a court or judicial officer from making an interim order or after-hours order against a respondent with impaired decision-making ability if the court is satisfied of the matters mentioned in section 21 (Interim orders—grounds for making) or section 100 (After-hours orders—grounds for making).

A child under 14 years old cannot be a respondent to an application for a family violence order (see s 75).

In this section: