CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 99C
Child 12 or older and young person presumed capable of giving proper instructions
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 99C
Child 12 or older and young person presumed capable of giving proper instructions
99C Child 12 or older and young person presumed capable of giving proper
instructions
(1) There is a rebuttable presumption that a child who is not
less than 12 years of age, or a young person, is capable of giving proper
instructions to his or her legal representative. This presumption is not
rebutted merely because the child or young person has a disability.
(2)
However, the Children's Court may, on the application of a
legal representative for a child who is not less than 12 years of age, or a
young person, make a declaration that the child or young person is not capable
of giving proper instructions.
