QLDIn ForceAct
Child Protection Act 1999
sec.113Court may allow non-parties to take part in proceedings
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### sec.113 Court may allow non-parties to take part in proceedings
This section applies in relation to a proceeding on an application for an order for a child.
On application by a person who is not a party, the court may, by order, allow the person to take part in the proceeding by doing all or some of the things that a party is or may be allowed to do.
Before deciding the application, the court must—
give the other parties a reasonable opportunity to make submissions about the person’s participation; and
consider—
the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and
the person’s relationship with the child.
An order allowing the person to take part in the proceeding—
must state—
how the person may take part; and
whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and
may be subject to conditions; and
may require the person to do a thing that a party is or may be required to do; and
may provide that a stated provision of this Act, or all provisions, apply in relation to the person as if the person were a party.
This Act applies in relation to the person, as if the person were a party, to the extent provided in the order.
The person may be represented by a lawyer for the purpose of taking part in the proceeding.
s 113 amd 2010 No. 33 s 55 ; 2014 No. 26 s 204
sub 2016 No. 24 s 25
(sec.113-ssec.1) This section applies in relation to a proceeding on an application for an order for a child.
(sec.113-ssec.2) On application by a person who is not a party, the court may, by order, allow the person to take part in the proceeding by doing all or some of the things that a party is or may be allowed to do.
(sec.113-ssec.3) Before deciding the application, the court must— give the other parties a reasonable opportunity to make submissions about the person’s participation; and consider— the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and the person’s relationship with the child.
(sec.113-ssec.4) An order allowing the person to take part in the proceeding— must state— how the person may take part; and whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and may be subject to conditions; and may require the person to do a thing that a party is or may be required to do; and may provide that a stated provision of this Act, or all provisions, apply in relation to the person as if the person were a party.
(sec.113-ssec.5) This Act applies in relation to the person, as if the person were a party, to the extent provided in the order.
(sec.113-ssec.6) The person may be represented by a lawyer for the purpose of taking part in the proceeding.
- (a) give the other parties a reasonable opportunity to make submissions about the person’s participation; and
- (b) consider— (i) the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and (ii) the person’s relationship with the child.
- (i) the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and
- (ii) the person’s relationship with the child.
- (i) the extent to which the person may be able to inform the court about a matter relevant to the proceeding; and
- (ii) the person’s relationship with the child.
- (a) must state— (i) how the person may take part; and (ii) whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and
- (i) how the person may take part; and
- (ii) whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and
- (b) may be subject to conditions; and
- (c) may require the person to do a thing that a party is or may be required to do; and
- (d) may provide that a stated provision of this Act, or all provisions, apply in relation to the person as if the person were a party.
- (i) how the person may take part; and
- (ii) whether the participation is allowed until the proceeding ends or only for a stated part of the proceeding; and