635TAppointment of litigation guardian for child or young

635T Appointment of litigation guardian for child or young (1) This section applies to a child or young person who is either— (a) the subject of a review application, whether or not the child or young person has a legal representative; or (b) not the subject of a review application but whose interests may be affected by the review application. (2) The ACAT— (a) for a child or young person mentioned in subsection (1) (a) or (b)—may appoint a litigation guardian for a child or young person if the ACAT considers it is in the best interests of the child or young person to have a litigation guardian; or

Children and young people in review applications Division 16A.4.3 (b) for a child or young person mentioned in subsection (1) (a)— must appoint a litigation guardian for a child or young person if the application was started by the public advocate or the commissioner under section 635I. (3) However, the ACAT must not appoint a litigation guardian if— (a) the child or young person has expressed a wish not to have a litigation guardian; and (b) the ACAT considers that the child or young person understands the nature and effect of the decisions the child or young person makes in relation to the review application. (4) The following may be appointed as a litigation guardian: (a) a person not under a legal disability; (5) However, the ACAT must not appoint a person as a litigation guardian unless satisfied— (a) the person has no interest in the review application that conflicts, or might conflict, with the interests of the child or young person; and (b) the person agrees to be appointed.