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].