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].