124Guardian ad litem and amicus curiae—birth parents of child

#### 124 Guardian ad litem and amicus curiae—birth parents of child 124 Guardian ad litem and amicus curiae—birth parents of child > > (1) The Court may— > > > > > (a) appoint a guardian ad litem for either or both of the birth parents or adoptive parents of a child, or > > > > > (b) request the Australian legal practitioner representing a parent or the parents of a child to act as amicus curiae, > > > > if it is of the opinion that the parent is, or the parents are, incapable of giving proper instructions to his or her, or their, Australian legal practitioner. > > > (2) Circumstances that warrant the appointment of a guardian ad litem or a request for an Australian legal practitioner to act as amicus curiae may include that the parent of a child has an intellectual disability or is mentally ill. > > > (3) If the Court requires the attendance of a birth mother under section 121, the Court must appoint a guardian ad litem for the birth mother if she is less than 18 years of age. > > > (4) The functions of a guardian ad litem of a parent of a child are— > > > > > (a) to safeguard and represent the interests of the parent, and > > > > > (b) to instruct the Australian legal practitioner representing the parent. > > > (5) An Australian legal practitioner representing a parent for whom a guardian ad litem has been appointed is to act on the instructions of the guardian ad litem. > > Note— > > Amicus curiae is defined in the Macquarie Dictionary (3rd ed) as a person not a party to the litigation who volunteers or is invited by the court to give advice to the court upon some matter before it. > > **s 124:** Am 2005 No 98, Sch 3.2 \[2\]–\[5\].