Childrens Court Rules 2016

The court must consider—

whether a party should be represented, and has had reasonable opportunity to obtain legal representation; and

whether an order should be made that a child be represented by a lawyer under the Child Protection Act, section 110.

When considering whether a child should be represented by a lawyer under the Child Protection Act, section 110, the court must consider the following matters—

the circumstances of the child, including, for example, whether the child has particular needs that are to be considered in the proceeding;

the circumstances of the child’s family, including, for example, whether a parent of the child is also a child;

the factual or evidentiary complexity of the proceeding, including, for example, whether expert evidence will be used in the proceeding;

whether appointing a representative under the Child Protection Act, section 110 is necessary for—

the child protection proceeding to be conducted in a way that is consistent with the best interests of the child; or

the court to decide the child protection proceeding in the best interests of the child.

The court may issue directions about the representation of a party.