New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 99A

Legal representative to act as independent legal representative or direct legal representative

99A Legal representative to act as independent legal representative or direct legal representative

(1) A legal representative for a child or young person is to act as a
"direct legal representative" if:
(a) the child or young person is capable of giving proper instructions, and
(b) a guardian ad litem has not been appointed for the child or young person.
(2) A legal representative for a child or young person is to act as an
"independent legal representative" if:
(a) the child or young person is not capable of giving proper instructions, or
(b) a guardian ad litem has been appointed for the child or young person.
Note : Section 100 (4) provides that a legal representative of a child or young person for whom a guardian ad litem has been appointed is to act on the instructions of the guardian ad litem.



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