99CChild 12 or older and young person presumed capable of giving proper instructions

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