South Australian Consolidated Acts

CHILDREN'S PROTECTION ACT 1993 - SECT 48

48—Legal representation of child

        (1)         The Court must not proceed to hear an application under this Act unless—

            (a)         the child is represented in the proceedings by a legal practitioner; or

            (b)         the Court is satisfied that the child has made an informed and independent decision not to be so represented.

        (2)         If the child is to be represented by a legal practitioner, but is not capable of properly instructing the legal practitioner, the legal practitioner must act, and make representations to the Court, according to his or her own view of the best interests of the child.

        (3)         A child (whether represented by a legal practitioner or not) must be given a reasonable opportunity to give the child's own views personally to the Court about his or her ongoing care and protection unless the Court is satisfied that—

            (a)         the child is not capable of doing so; or

            (b)         to do so would give rise to an unacceptable risk to the child's wellbeing.