NSWIn ForceAct
Children and Young Persons (Care and Protection) Act 1998
101Guardian ad litem and amicus curiae—parents of child or young person
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#### 101 Guardian ad litem and amicus curiae—parents of child or young person
101 Guardian ad litem and amicus curiae—parents of child or young person
> > (1) The Children’s Court may—
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> > > (a) appoint a guardian ad litem for either or both of the parents of a child or young person, or
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> > > (b) request the legal representative of a parent or the parents of a child or young person to act as amicus curiae,
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> > if it is of the opinion that the parent is, or the parents are, incapable of giving proper instructions to his or her, or their, legal representative.
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> > (2) Circumstances that warrant the appointment of a guardian ad litem or a request for a legal representative to act as amicus curiae may include that the parent of a child or young person has an intellectual disability or is mentally ill.
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> > (3) The functions of a guardian ad litem of a parent of a child or young person are—
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> > > (a) to safeguard and represent the interests of the parent, and
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> > > (b) to instruct the legal representative of the parent.
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> > (4) A legal representative of a parent for whom a guardian ad litem has been appointed is to act on the instructions of the guardian ad litem.