QLDIn ForceAct
Child Protection Act 1999
sec.99QSeparate representation of children
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### sec.99Q Separate representation of children
This section applies if a reviewable decision is about a child and the decision is the subject of a review application.
Also, this section applies whether or not the child—
is a party to a proceeding before the tribunal; or
is represented by a lawyer or someone else under the QCAT Act , section 43 .
The tribunal must consider whether it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer (a separate representative ).
If the tribunal considers it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative.
A separate representative may represent more than 1 child in the same proceeding before the tribunal.
A separate representative must—
act in the child’s best interests having regard to any expressed views or wishes of the child; and
as far as possible, present the child’s views and wishes to the tribunal.
For the QCAT Act , a separate representative has the same rights and obligations as a party to the review.
s 99Q ins 2009 No. 24 s 18
(sec.99Q-ssec.1) This section applies if a reviewable decision is about a child and the decision is the subject of a review application.
(sec.99Q-ssec.2) Also, this section applies whether or not the child— is a party to a proceeding before the tribunal; or is represented by a lawyer or someone else under the QCAT Act , section 43 .
(sec.99Q-ssec.3) The tribunal must consider whether it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer (a separate representative ).
(sec.99Q-ssec.4) If the tribunal considers it would be in the child’s best interests for the child to be separately represented under this section before the tribunal by a lawyer, the tribunal must order that the child be represented by a separate representative.
(sec.99Q-ssec.5) A separate representative may represent more than 1 child in the same proceeding before the tribunal.
(sec.99Q-ssec.6) A separate representative must— act in the child’s best interests having regard to any expressed views or wishes of the child; and as far as possible, present the child’s views and wishes to the tribunal.
(sec.99Q-ssec.7) For the QCAT Act , a separate representative has the same rights and obligations as a party to the review.
- (a) is a party to a proceeding before the tribunal; or
- (b) is represented by a lawyer or someone else under the QCAT Act , section 43 .
- (a) act in the child’s best interests having regard to any expressed views or wishes of the child; and
- (b) as far as possible, present the child’s views and wishes to the tribunal.