NSWIn ForceAct
Children and Young Persons (Care and Protection) Act 1998
99DRole of a legal representative
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#### 99D Role of a legal representative
99D Role of a legal representative
> Without limiting the role of a legal representative for a child or young person in proceedings before the Children’s Court—
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> > (a) the role of a direct legal representative includes the following—
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> > > (i) ensuring that the views of the child or young person are placed before the Children’s Court,
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> > > (ii) ensuring that all relevant evidence is adduced and, where necessary, tested,
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> > > (iii) acting on the instructions of the child or young person, and
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> > (b) the role of an independent legal representative includes the following—
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> > > (i) if a guardian ad litem has been appointed for the child or young person—acting on the instructions of the guardian ad litem,
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> > > (ii) interviewing the child or young person after becoming the independent legal representative,
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> > > (iii) explaining to the child or young person the role of an independent legal representative,
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> > > (iv) presenting direct evidence to the Children’s Court about the child or young person and matters relevant to his or her safety, welfare and well-being,
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> > > (v) presenting evidence of the child’s or young person’s wishes (and in doing so the independent legal representative is not bound by the child’s or young person’s instructions),
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> > > (vi) ensuring that all relevant evidence is adduced and, where necessary, tested,
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> > > (vii) cross-examining the parties and their witnesses,
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> > > (viii) making applications and submissions to the Children’s Court for orders (whether final or interim) considered appropriate in the interests of the child or young person,
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> > > (ix) lodging an appeal against an order of the Children’s Court if considered appropriate.
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> **ss 99A–99D:** Ins 2006 No 95, Sch 3 \[7\].