sec.42Way child is to participate in proceeding

sec.42 Way child is to participate in proceeding

This rule applies in relation to a child who— is the subject of a CAO proceeding, child protection proceeding or adoption proceeding; or starts an acknowledgement of sex proceeding by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 , or is otherwise the subject of an acknowledgement of sex proceeding. The court may make an order or issue a direction to assist the child to participate in the proceeding, including, for example, a direction that— the child may have a person nearby during all or part of an appearance in the proceeding to support the child; or support of an Aboriginal or Torres Strait Islander child provided by an appropriate person in accordance with Aboriginal tradition or Island custom the child may appear at an appearance in a particular way; or service on the child under rule 31 is to occur in a particular way; or there is a requirement that something be done to assist a child to understand and participate in the proceeding. See the Child Protection Act , section 106 and the Births, Deaths and Marriages Registration Act 2023 , section 73 for the court’s duty to ensure that parties understand the nature, purpose and legal implications of the proceeding. See also rule 67 (2) (c) for the court’s power to issue directions in relation to a child protection proceeding. In making a decision under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person; and for an acknowledgement of sex proceeding started by a child as mentioned in subrule (1) (b) — the child’s age; and whether the child is legally represented. r 42 amd 2024 SL No. 76 s 24 (sec.42-ssec.1) This rule applies in relation to a child who— is the subject of a CAO proceeding, child protection proceeding or adoption proceeding; or starts an acknowledgement of sex proceeding by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 , or is otherwise the subject of an acknowledgement of sex proceeding. (sec.42-ssec.2) The court may make an order or issue a direction to assist the child to participate in the proceeding, including, for example, a direction that— the child may have a person nearby during all or part of an appearance in the proceeding to support the child; or support of an Aboriginal or Torres Strait Islander child provided by an appropriate person in accordance with Aboriginal tradition or Island custom the child may appear at an appearance in a particular way; or service on the child under rule 31 is to occur in a particular way; or there is a requirement that something be done to assist a child to understand and participate in the proceeding. See the Child Protection Act , section 106 and the Births, Deaths and Marriages Registration Act 2023 , section 73 for the court’s duty to ensure that parties understand the nature, purpose and legal implications of the proceeding. See also rule 67 (2) (c) for the court’s power to issue directions in relation to a child protection proceeding. (sec.42-ssec.3) In making a decision under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person; and for an acknowledgement of sex proceeding started by a child as mentioned in subrule (1) (b) — the child’s age; and whether the child is legally represented.