sec.110Appointment of a separate representative

### sec.110 Appointment of a separate representative If, in a child protection proceeding, the Childrens Court considers it is necessary in the child’s best interests for the child to be separately represented by a lawyer, the court may— order that the child be separately represented by a lawyer (the child’s separate representative ); and make any other orders it considers necessary to secure the child’s separate legal representation. Without limiting subsection (1) , the court must consider making an order for the child to have a separate representative if the proceeding concerns an application that is contested by the child’s parents or opposed by the child. The rules of court may prescribe matters that the court must consider when deciding whether to make an order for the child to have a separate representative. If a separate representative is appointed, he or she must— to the extent that is appropriate, taking into account the child’s age and ability to understand— meet with the child; and explain the separate representative’s role; and help the child take part in the proceedings; and as far as possible, present the child’s views and wishes to the court. The separate representative must act in the child’s best interests regardless of any instructions from the child. The separate representative is not a party to a proceeding on the application but— must do anything required to be done by a party; and may do anything allowed to be done by a party. The parties to the proceeding must act in relation to the proceeding as if the separate representative were a party to the proceeding. The separate representative’s role ends when— the application is decided or withdrawn; or if there is an appeal in relation to the application—the appeal is decided or withdrawn. s 110 amd 2010 No. 33 s 54 sub 2016 No. 24 s 24 (sec.110-ssec.1) If, in a child protection proceeding, the Childrens Court considers it is necessary in the child’s best interests for the child to be separately represented by a lawyer, the court may— order that the child be separately represented by a lawyer (the child’s separate representative ); and make any other orders it considers necessary to secure the child’s separate legal representation. (sec.110-ssec.2) Without limiting subsection (1) , the court must consider making an order for the child to have a separate representative if the proceeding concerns an application that is contested by the child’s parents or opposed by the child. (sec.110-ssec.3) The rules of court may prescribe matters that the court must consider when deciding whether to make an order for the child to have a separate representative. (sec.110-ssec.4) If a separate representative is appointed, he or she must— to the extent that is appropriate, taking into account the child’s age and ability to understand— meet with the child; and explain the separate representative’s role; and help the child take part in the proceedings; and as far as possible, present the child’s views and wishes to the court. (sec.110-ssec.5) The separate representative must act in the child’s best interests regardless of any instructions from the child. (sec.110-ssec.6) The separate representative is not a party to a proceeding on the application but— must do anything required to be done by a party; and may do anything allowed to be done by a party. (sec.110-ssec.7) The parties to the proceeding must act in relation to the proceeding as if the separate representative were a party to the proceeding. (sec.110-ssec.8) The separate representative’s role ends when— the application is decided or withdrawn; or if there is an appeal in relation to the application—the appeal is decided or withdrawn. - (a) order that the child be separately represented by a lawyer (the child’s separate representative ); and - (b) make any other orders it considers necessary to secure the child’s separate legal representation. - (a) to the extent that is appropriate, taking into account the child’s age and ability to understand— (i) meet with the child; and (ii) explain the separate representative’s role; and (iii) help the child take part in the proceedings; and - (i) meet with the child; and - (ii) explain the separate representative’s role; and - (iii) help the child take part in the proceedings; and - (b) as far as possible, present the child’s views and wishes to the court. - (i) meet with the child; and - (ii) explain the separate representative’s role; and - (iii) help the child take part in the proceedings; and - (a) must do anything required to be done by a party; and - (b) may do anything allowed to be done by a party. - (a) the application is decided or withdrawn; or - (b) if there is an appeal in relation to the application—the appeal is decided or withdrawn.