59Court orders for separate representation of child

### 59 Court orders for separate representation of child > > (1)  The Court must not proceed to hear an application under this Act unless – > > > > > > (a) [*\[Section 59 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja8@GC2@Hpa@EN) the child is represented in the proceedings by an Australian legal practitioner; or > > > > > > > (b) the Court is satisfied that the child has made an informed and independent decision not to be so represented. > > > (2)  [Subsection (1)](#GS59@Gs1@EN) does not apply if the Court is of the opinion that it is in the best interests of the child to proceed with the hearing in the absence of the child's representative. > > > (3)  [*\[Section 59 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja8@GC2@Hpc@EN) In proceedings in respect of an application under this Act, if – > > > > > > (a) [*\[Section 59 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja8@GC2@Hpb@EN) the child is not represented by an Australian legal practitioner; and > > > > > > > (b) the Court is not satisfied that the child has made an informed and independent decision not to be so represented – > > > > the Court may make such orders as it considers necessary or appropriate to secure legal representation for the child and any orders it could make on adjournment of those proceedings were the child represented by an Australian legal practitioner. > > > (4)  [*\[Section 59 Subsection (4) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja8@GC2@Hpd@EN) In any proceedings under this Act, whether or not the child is represented by an Australian legal practitioner, if it appears to the Court that the child ought to be separately represented, the Court may – > > > > > > (a) order that the child is to be separately represented; and > > > > > > > (b) make such other orders as it considers necessary or appropriate to secure that separate representation. > > > (5)  The Court may make an order under this section – > > > > > > (a) on its own initiative; or > > > > > > > (b) on the application of – > > > > > > > > > > (i) the child; or > > > > > > > > > > > (ii) the Secretary; or > > > > > > > > > > > (iii) a guardian of the child; or > > > > > > > > > > > (iv) any other person.