Victorian Current Acts Victorian Current Acts(1) If at any stage—
S. 524(1)(a) amended by No. 15/2013 s. 10(1).
(a) in a proceeding in the Family Division, a child aged 10 years or more is not separately legally represented; or
(b) in a proceeding in the Criminal Division, a child is not legally represented; or
(c) in a proceeding in the Family Division, a child's parents are not legally represented; or
S. 524(1)(d) amended by No. 61/2014 s. 85.
(d) in a proceeding in the Family Division for the making, variation or revocation of a permanent care order, an applicant for the order or a person named in the application as suitable to have parental responsibility for a child or a person who was granted parental responsibility for a child under the order is not legally represented—
the Court may adjourn the hearing of the proceeding to enable the child or the child's parents or the person referred to in paragraph (d) (as the case requires) to obtain legal representation.
S. 524(1A) inserted by No. 15/2013 s. 10(2).
(1A) If a child aged 10 years or more is not, subject to section 216, separately legally represented in a proceeding referred to in section 525(1), the Court must adjourn the hearing of the proceeding to enable the child to obtain legal representation unless the Court makes a determination under subsection (1B).
S. 524(1B) inserted by No. 15/2013 s. 10(2).
(1B) The Court may determine that a child aged 10 years or more is not mature enough to give instructions to a legal practitioner, considering—
(a) the child's ability to form and communicate the child's own views; and
(b) the child's ability to give instructions in relation to the primary issues in dispute; and
(c) any other matter the Court considers relevant.
S. 524(2) amended by No. 15/2013 s. 10(3).
(2) If a child is not legally represented in a proceeding referred to in section 525(2), the Court must adjourn the hearing of the proceeding to enable the child to obtain legal representation and, subject to subsection (3), must not resume the hearing unless the child is legally represented.
S. 524(3) amended by No. 15/2013 s. 10(4).
(3) The Court may resume a hearing that was adjourned by it in accordance with subsection (2) even though the child is not legally represented if satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.
S. 524(4) amended by No. 15/2013 s. 10(5).
(4) If, in exceptional circumstances, the Court
determines that it is in the best interests of a child aged under 10
years or a child aged
10 years or more whom the Court determines under
subsection (1B) is not mature enough to give instructions, for the child to be
legally represented in a proceeding in the Family Division, the Court may
adjourn the hearing of the proceeding to enable that legal representation
to be obtained.
S. 524(4A) inserted by No. 15/2013 s. 10(6).
(4A) If the Court has adjourned the hearing of a proceeding in the Family Division to enable a child to obtain legal representation, the Court may resume the hearing whether or not the child has obtained legal representation.
(5) With the leave of the Court, more than one child in the same proceeding may be represented by the same legal practitioner.
(6) The Court may only grant leave under subsection (5) if satisfied that no conflict of interest will arise.
(7) If after having granted leave under subsection (5) the Court is satisfied in the course of the proceeding that a conflict of interest has arisen, the Court may withdraw the leave previously granted.
(8) With the leave of the Court, a child (other than a child to whom a determination under subsection (4) applies) may be represented in a proceeding in the Family Division by a person who is not—
(a) a legal practitioner; or
(9) A person referred to in subsection (8) who is granted leave to represent a child in a proceeding in the Family Division must act in accordance with any instructions given or wishes expressed by the child so far as it is practicable to do so having regard to the maturity of the child.
(10) A legal practitioner representing a child in any proceeding in the Court must act in accordance with any instructions given or wishes expressed by the child so far as it is practicable to do so having regard to the maturity of the child.
S. 524(11) amended by No. 15/2013 s. 10(7).
(11) Despite subsection (10), a legal practitioner representing, in the Family Division, a child aged under 10 years or a child aged 10 years or more whom the Court determines under subsection (1B) is not mature enough to give instructions must—
(a) act in accordance with what he or she believes to be in the best interests of the child; and
(b) to the extent that it is practicable to do so, communicate to the Court the instructions given or wishes expressed by the child.
(12) Any process served on a child or the parent of a child requiring the child or parent (as the case requires) to attend the Court in a proceeding referred to in section 525(1) or 525(2) must contain or be accompanied by a notice—
(a) setting out the circumstances in which a child is required to be legally represented; and
(b) stating the desirability of obtaining legal representation; and
(c) explaining how legal representation may be obtained.
S. 524(13) inserted by No. 47/2021 s. 25(4).
(13) Nothing in this section applies to—
(a) a proceeding on an application for the making, variation, extension or revocation of a support and engagement order within the meaning of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child; or
(b) a review hearing under Subdivision 4 of Division 5 of Part 4A of the Terrorism (Community Protection) Act 2003 in respect of a child.
Note
See Subdivision 11 of Division 5 of Part 4A of the Terrorism (Community Protection) Act 2003 .