{"id":"legal-representation-of-infants-act-1977","name":"Legal Representation of Infants Act 1977","slug":"legal-representation-of-infants-act-1977","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30756,"registerId":"wa-legal-representation-of-infants-act-1977-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Legal Representation of Infants Act 1977","content":"![Crest]()Western Australia\n\nLegal Representation of Infants Act 1977\n\nWestern Australia\n\nLegal Representation of Infants Act 1977\n\nContents\n\n1. Short title 1\n\n2. Commencement 1\n\n3. Application of Act 1\n\n4. Rules and regulations 2\n\n5. Guardians *ad litem*, appointment of by court 2\n\n6. Removal of guardian *ad litem* by court 4\n\n7. Costs 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nLegal Representation of Infants Act 1977\n\nAn Act to make provision for the legal representation of infants in legal proceedings.\n\n##### 1. Short title\n\nThis Act may be cited as the *Legal Representation of Infants Act 1977* 1.\n\n##### 2. Commencement\n\nThis Act shall come into operation on a date to be fixed by proclamation 1.\n\n##### 3. Application of Act\n\n(1) The provisions of this Act shall apply to —\n\n(a) the Supreme Court of Western Australia; and\n\n(b) The District Court of Western Australia; and\n\n(ba) the State Administrative Tribunal; and\n\n(c) the Family Court of Western Australia in the non‑federal jurisdictions of that court; and\n\n(ca) the Magistrates Court in relation to its civil jurisdiction; and\n\n(d) the Children’s Court, in relation to applications made under the *Children and Community Services Act 2004*; and\n\n(e) such other courts exercising jurisdiction in the State as the Governor may from time to time by proclamation declare.\n\n(2) A proclamation made for the purposes of this section may be varied or revoked by a subsequent proclamation.\n\n[Section 3 amended: No. 54 of 2004 s. 176; No. 34 of 2004 Sch. 2 cl. 18(2); No. 59 of 2004 s. 141.]\n\n##### 4. Rules and regulations\n\n(1) Where by any Act regulations or rules of court may be made for regulating and prescribing the practice and procedure and other matters and things incidental thereto or for conducting the business of a court to which this Act applies, that power shall be construed as including the power to make such regulations or rules for the purposes of this Act.\n\n(2) The Governor may make regulations for carrying out this Act, where no rules of court apply.\n\n##### 5. Guardians *ad litem*, appointment of by court\n\n(1) Where in any legal proceedings it appears to the court —\n\n(a) that the interests of a person who is an infant are or may be affected by those proceedings and that the infant is not a party to those proceedings; and\n\n(b) that the infant ought to be separately represented,\n\nthe court may, at any stage of the proceedings, appoint a fit and proper person who consents to act as guardian *ad litem* of the infant to be the guardian *ad litem* of the infant for the purposes of the proceedings or any part of those proceedings, or direct that an application be made for the appointment of such a guardian.\n\n(2) An appointment under this section may be made by the court upon application by another party to the proceedings or a person who consents to act as the guardian *ad litem* or without any application being made, and the court may adjourn a hearing in order that such an appointment may be made.\n\n(3) An application under this section may be made *ex parte*.\n\n(4) An application for the appointment of a guardian *ad litem*, whether or not made pursuant to direction of the court, must be supported by evidence proving that the person proposed as guardian *ad litem* consents and is a proper person to act as such and has no interest in the proceedings adverse to that of the infant.\n\n(5) Before making an appointment under this section, the court shall inquire into the guardianship of the infant for purposes other than those of this Act, and, where it appears to the court that the infant is pursuant to, or for the purposes of, any other law of this State or any law of the Commonwealth under the guardianship of the CEO as defined in section 3 of the *Children and Community Services Act 2004*, the court shall not make an appointment under this section unless and until the court has caused notice to be served on the CEO and given the CEO an opportunity to be heard on the question of such an appointment.\n\n(6) The court may order that notice of an application under this section need not be served on the infant, and may give directions concerning —\n\n(a) the persons to whom notice shall be given, and the manner of the giving of that notice; and\n\n(b) the continuation of the proceedings, including directions concerning the giving of notice to the guardian *ad litem* of the infant of the date on which and the place at which the hearing or adjourned hearing shall be conducted.\n\n(7) Where an infant for whom a guardian *ad litem* has been appointed under this section does not intervene in any proceedings the infant is nevertheless entitled to be represented at any hearing relating to those proceedings by a solicitor or counsel who may cross‑examine witnesses and address the court, but is not entitled to adduce evidence.\n\n(8) A guardian *ad litem* appointed under this section must act by a solicitor.\n\n(9) Where an infant for whom a guardian *ad litem* has been appointed under this section is not a party to the proceedings, any judgment in those proceedings which would not otherwise have been binding on the infant shall not be deemed to be binding on that infant by virtue only of the fact that the guardian *ad litem* was so appointed.\n\n[Section 5 amended: No. 121 of 1984 s. 30; No. 57 of 1997 s. 79; No. 34 of 2004 Sch. 2 cl. 18(3).]\n\n##### 6. Removal of guardian *ad litem* by court\n\n(1) A court may of its own motion or on the application of a party to the proceedings or any other person remove a guardian *ad litem* appointed under this Act, and may stay proceedings until a guardian *ad litem* in place of the one removed has been appointed.\n\n(2) An application under this section shall be by summons which, unless the court otherwise orders, shall be served on the guardian *ad litem* whose removal is sought.\n\n##### 7. Costs\n\nWhere, pursuant to this Act, an infant is represented in any proceedings the court may order the costs, or any portion of the costs, of such representation to be paid, where appropriate, by a party to those proceedings, or out of any fund in which the infant has an interest, or to be charged to the Suitors’ Fund established under the *Suitors’ Fund Act 1964*.\n\n[Section 7 amended: No. 49 of 1996 s. 64.]\n\n![dline]()\n\nNotes\n\n1 This reprint is a compilation as at 7 October 2011 of the *Legal Representation of Infants Act 1977* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Legal Representation of Infants Act 1977* | 43 of 1977 | 7 Nov 1977 | 1 Jan 1978 (see s. 2 and *Gazette* 23 Dec 1977 p. 4671) |\n| *Acts Amendment (Department for Community Services) Act 1984* Pt. VI | 121 of 1984 | 19 Dec 1984 | 1 Jan 1985 (see s. 2 and *Gazette* 28 Dec 1984 p. 4197) |\n| *Financial Legislation Amendment Act 1996* s. 64 | 49 of 1996 | 25 Oct 1996 | 25 Oct 1996 (see s. 2(1)) |\n| *Statutes (Repeals and Minor Amendments) Act 1997* s. 79 | 57 of 1997 | 15 Dec 1997 | 15 Dec 1997 (see s. 2(1)) |\n| **Reprint 1: The *Legal Representation of Infants Act 1977* as at 16 May 2003** (includes amendments listed above) | | | |\n| *Children and Community Services Act 2004* Sch. 2 cl. 18 | 34 of 2004 | 20 Oct 2004 | 1 Mar 2006 (see s. 2 and *Gazette* 14 Feb 2006 p. 695) |\n| *State Administrative Tribunal Act 2004* s. 176 | 54 of 2004 | 23 Nov 2004 | 1 Jan 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7129) |\n| *Courts Legislation Amendment and Repeal Act 2004* s. 141 | 59 of 2004 | 23 Nov 2004 | 1 May 2005 (see s. 2 and *Gazette* 31 Dec 2004 p. 7128) |\n| **Reprint 2: The *Legal Representation of Infants Act 1977* as at 7 Oct 2011** (includes amendments listed above) | | | |\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act’s scope has been extended since its original enactment. The original 1977 Act applied to the higher courts (initially Supreme and District Courts). Subsequent amendments and later legislative changes explicitly broadened the roster of fora to which the Act applies to include the State Administrative Tribunal, the Family Court in its non‑federal jurisdiction, the Magistrates Court for civil matters, and the Children’s Court in relation to proceedings under the Children and Community Services Act (see s 3 and the compilation table). The Governor’s power to proclaim additional courts (s 3(2)) also creates an ongoing mechanism for expanding coverage. Separately, an amendment to s 7 (1996) added the Suitors’ Fund as an express possible source for meeting costs, altering how representation might be funded. In practical terms these changes move the Act beyond a narrow tool for superior courts to a wider procedural device available across a range of tribunals and lower courts, increasing administrative reach, potential cost exposure (including public funds), and the number of proceedings in which guardians ad litem may be appointed."},"complexity_factors":["Short Act: 7 substantive sections (compact structure)","No separate interpretation/definitions section (reduces internal complexity)","Multiple application targets listed in s 3 (Supreme, District, State Administrative Tribunal, Family Court non‑federal jurisdiction, Magistrates Court civil jurisdiction, Children’s Court for specific Act, and any court the Governor proclaims)","Governor’s proclamation power to vary application (s 3(2)) adds external variability","Cross‑references to other Acts: Children and Community Services Act (CEO notice, s 5(5)); Suitors’ Fund Act (costs, s 7)","Procedural options and conditional rules: appointment on court’s motion or application, ex parte applications, requirement to prove consent and absence of adverse interest (s 5(1)–(4))","Operational constraints: guardian must act by a solicitor (s 5(8)) and costs allocation options (s 7)","Removal power and potential stay of proceedings (s 6) adds conditional timing complexity","Dependence on rules of court and regulations to supply procedural detail (s 4)"],"plain_english_summary":"The Act gives courts clear power to appoint a guardian ad litem to protect the legal interests of infants who are not parties but may be affected by proceedings. Appointments can be made at any stage, require the guardian’s consent and solicitor involvement, and may shift costs to parties, the infant’s funds or the Suitors’ Fund. It applies to specified courts and requires notice to the state CEO where statutory guardianship exists."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1977 Act applied to Supreme Court, District Court, and courts declared by proclamation. Through amendments in 2004, the scope expanded significantly to include the State Administrative Tribunal, Family Court (non-federal jurisdiction), Magistrates Court (civil jurisdiction), and specifically the Children's Court for child protection matters under the Children and Community Services Act 2004. This transformed the Act from a general civil procedure tool into a statute also covering administrative and child protection proceedings."},"complexity_factors":["Short statute with only 7 operative sections plus commencement and application provisions","Minimal defined terms (only 'infant' and 'CEO' rely on external definitions)","Straightforward procedural mechanism with clear conditions for appointment","Limited cross-referencing (primarily to the Children and Community Services Act 2004 and Suitors' Fund Act 1964)","Simple conditional structure: if conditions met (interests affected + not a party + need separate representation), then court may appoint","Some procedural detail (ex parte applications, notice requirements, inquiry into existing guardianship) but not excessive"],"plain_english_summary":"This Western Australian law ensures children (called 'infants' in legal terms, meaning anyone under 18) have proper legal representation when their interests are affected by court cases.\n\n**What it does:**\n- Allows courts to appoint a **guardian ad litem** (a special legal representative) for a child when the child's interests are involved in legal proceedings but the child isn't officially a party to the case.\n- This representative acts through a lawyer to protect the child's interests.\n\n**Who it affects:**\n- Children whose interests are impacted by court cases (for example, in family disputes, child protection matters, or civil cases where property or welfare issues affect them).\n- Parents, guardians, and government child protection agencies (particularly the CEO of the Department for Community Services).\n- Courts including the Supreme Court, District Court, Family Court (in non-federal matters), Magistrates Court (civil matters), Children's Court, and State Administrative Tribunal.\n\n**Key protections:**\n- The court must check if the proposed representative is suitable and has no conflict of interest.\n- If the child is under the guardianship of the child protection department, that department must be notified and given a chance to be heard before a guardian ad litem is appointed.\n- The child can still be represented by a lawyer at hearings even if they don't officially join the proceedings, though they can't present their own evidence.\n- Courts can remove a guardian ad litem if necessary and can decide who pays the legal costs (the other party, the child's own funds, or a special court fund).\n\n**Why it matters:**\nChildren often can't speak for themselves in court or may have interests that differ from their parents. This law ensures they have an independent voice in legal proceedings that affect their lives, property, or welfare."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — the full text of the legislation was not retrievable. No analysis of whether the Act's scope changed from its original intent can be made from the available content."},"complexity_factors":["No legislative text was available for analysis — the source page returned a 'not found' error","Complexity cannot be meaningfully assessed without the actual content of the Act","Score of 1 reflects absence of data, not simplicity of the underlying law"],"plain_english_summary":"## Legal Representation of Infants Act 1977 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved. The page hosting this Act on the official WA legislation website is no longer available at the expected URL, likely due to a website migration or system upgrade.\n\n**What we can infer from the title:**\nThis Act appears to deal with how children (referred to legally as \"infants\" — meaning people under 18) are represented in legal proceedings in Western Australia. Such laws typically cover things like:\n- Who can speak or act on a child's behalf in court\n- Appointment of guardians or legal representatives for children involved in legal matters\n- Protections ensuring a child's interests are properly represented\n\n**What you should do:**\nTo find the current, accurate text of this law, visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) and search for the Act by name, or contact the Parliamentary Counsel's Office directly."}},"importantCases":[],"_links":{"self":"/api/acts/legal-representation-of-infants-act-1977","history":"/api/acts/legal-representation-of-infants-act-1977/history","analysis":"/api/acts/legal-representation-of-infants-act-1977/analysis","conflicts":"/api/acts/legal-representation-of-infants-act-1977/conflicts","importantCases":"/api/acts/legal-representation-of-infants-act-1977/important-cases","documents":"/api/acts/legal-representation-of-infants-act-1977/documents"}}