New South Wales Consolidated Acts

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

Role of a legal representative

99D Role of a legal representative

Without limiting the role of a legal representative for a child or young person in proceedings before the Children's Court:

(a) the role of a direct legal representative includes the following:
(i) ensuring that the views of the child or young person are placed before the Children's Court,
(ii) ensuring that all relevant evidence is adduced and, where necessary, tested,
(iii) acting on the instructions of the child or young person, and
(b) the role of an independent legal representative includes the following:
(i) if a guardian ad litem has been appointed for the child or young person--acting on the instructions of the guardian ad litem,
(ii) interviewing the child or young person after becoming the independent legal representative,
(iii) explaining to the child or young person the role of an independent legal representative,
(iv) presenting direct evidence to the Children's Court about the child or young person and matters relevant to his or her safety, welfare and well-being,
(v) presenting evidence of the child's or young person's wishes (and in doing so the independent legal representative is not bound by the child's or young person's instructions),
(vi) ensuring that all relevant evidence is adduced and, where necessary, tested,
(vii) cross-examining the parties and their witnesses,
(viii) making applications and submissions to the Children's Court for orders (whether final or interim) considered appropriate in the interests of the child or young person,
(ix) lodging an appeal against an order of the Children's Court if considered appropriate.



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