NSWIn ForceAct
Children and Young Persons (Care and Protection) Act 1998
99BChild under 12 presumed incapable of giving proper instructions
Start here
Get a plain-English read of 99B
Turn the raw legal text into a practical explanation grounded in Children and Young Persons (Care and Protection) Act 1998.
#### 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 \[7\].