Adoption Act 2000

The Court may—

appoint a guardian ad litem for either or both of the birth parents or adoptive parents of a child, or

request the Australian legal practitioner representing a parent or the parents of a child to act as amicus curiae,

if it is of the opinion that the parent is, or the parents are, incapable of giving proper instructions to his or her, or their, Australian legal practitioner.

Circumstances that warrant the appointment of a guardian ad litem or a request for an Australian legal practitioner to act as amicus curiae may include that the parent of a child has an intellectual disability or is mentally ill.

If the Court requires the attendance of a birth mother under section 121, the Court must appoint a guardian ad litem for the birth mother if she is less than 18 years of age.

The functions of a guardian ad litem of a parent of a child are—

to safeguard and represent the interests of the parent, and

to instruct the Australian legal practitioner representing the parent.

An Australian legal practitioner representing a parent for whom a guardian ad litem has been appointed is to act on the instructions of the guardian ad litem.

Note.

Amicus curiae is defined in the Macquarie Dictionary (3rd ed) as a person not a party to the litigation who volunteers or is invited by the court to give advice to the court upon some matter before it.