New South Wales Consolidated Acts

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

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.