99BChild under 12 presumed incapable of giving proper instructions

#### 99B Child under 12 presumed incapable of giving proper instructions 99B Child under 12 presumed incapable of giving proper instructions > > (1) There is a rebuttable presumption that a child who is less than 12 years of age is not capable of giving proper instructions to his or her legal representative. > > > (2) However, the Children’s Court may, on the application of a legal representative for a child who is less than 12 years of age, make a declaration that the child is capable of giving proper instructions. > > **ss 99A–99D:** Ins 2006 No 95, Sch 3 \[7\].