Child, representation of
134 Child, representation of
The CEO may, at any time, appoint a person who, in the CEO’s opinion, is suitably qualified to represent a child who is a prospective adoptee or adoptee.
The CEO must, as soon as practicable after the Department has been contacted in relation to the matter, appoint a person who, in the CEO’s opinion, is suitably qualified to represent a child who —
is a prospective adoptee or adoptee; and
has a disability of a kind that is likely to affect the placement of the child.
The CEO must, as soon as practicable after the Department has been contacted in relation to the matter, appoint a person who, in the CEO’s opinion, is suitably qualified to represent a child who is a birth parent and who is considering the adoption of her or his child.
A person appointed under subsection (1), (1a) or (1b) may instruct a legal practitioner on behalf of the child, and in that case, the CEO is to make arrangements in relation to the legal advice to be given to, or the legal representation to be provided for, the child.
In proceedings under or in relation to this Act in respect of a child who is a prospective adoptee or an adoptee, the court before which the proceedings are held may direct that the child be separately represented by a legal practitioner.
If a court gives a direction under subsection (3), the CEO is to —
make arrangements in accordance with the direction; and
be responsible for the legal costs,
unless the court orders otherwise.
A legal practitioner who represents a child under a direction under subsection (3) must act on the instructions of the child if the child —
has sufficient maturity and understanding to give instructions; and
wishes to give instructions,
and in any other case must act in the best interests of the child.
Any question as to whether a child has sufficient maturity and understanding to give instructions is to be determined by the court.
[Section 134 amended: No. 8 of 2003 s. 78; No. 34 of 2004 Sch. 2 cl. 2(8) and (9); No. 21 of 2008 s. 638(3).]
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