143BBasis of representation

143B Basis of representation (1) A legal representative who is appointed on the order of the Court for a child must: (a) if subsection (2) applies – act on the instructions of the child; or

Care and Protection of Children Act 2007 89 (b) otherwise: (i) act in the best interests of the child regardless of any instructions from the child; and (ii) present the views and wishes of the child to the Court. (2) This subsection applies: (a) if the child is of sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and (b) to the extent that the child gives instructions. (3) For this section, it is presumed, unless the contrary is proved, that: (a) a child who is under 10 years of age does not have sufficient maturity and understanding to be able to give instructions in relation to the proceedings; and (b) a child who is at least 10 years of age does have sufficient maturity and understanding to be able to give instructions in relation to the proceedings. (4) A legal representative for a child must inform the Court whether or not he or she is acting on instructions from the child.