Adoption Act 2009

This section applies if an adoption proceeding is about the suitability of a person to be an adoptive parent of a particular child.

The tribunal must consider whether it would be in the child’s best interests for the child to be separately represented before the tribunal by a lawyer (a separate representative).

If the tribunal considers it would be in the child’s best interests for the child to be separately represented before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative.

A separate representative may represent more than 1 child in the same proceeding before the tribunal.

A separate representative must—

act in the child’s best interests having regard to any expressed views or wishes of the child; and

as far as possible, present the child’s views and wishes to the tribunal.

For the QCAT Act, a separate representative has the same rights and obligations as a party to the review.