Childrens Court Rules 2016
sec.67Participation in child protection proceedings
Start here
Get a plain-English read of sec.67
Turn the raw legal text into a practical explanation grounded in Childrens Court Rules 2016.
sec.67 Participation in child protection proceedings
At an early stage of a child protection proceeding and at any other time, the court must identify who should be a party to or participant in the child protection proceeding. Part 5 contains rules about participants in a child protection proceeding. The court must, in identifying who should be a party to or participant in a child protection proceeding, consider issuing directions about each of the following— whether a party or a person is to take steps to find out who should be a party to or participant in the proceeding; if the court considers that a person should be a party to or participant in the proceeding—how the person is to be served or notified of the proceeding; things to be done to— help decide whether a party to the proceeding understands the nature, purpose and legal implications of the proceeding; or ensure the party understands the proceeding; See the Child Protection Act , section 106 , for the court’s duty to ensure that parties to a child protection proceeding understand the nature, purpose and legal implications of the proceeding. how the child’s wishes or views, if able to be ascertained, are to be made known to the court under the Child Protection Act , section 59 (1) (d) ; whether the court should allow a person who is not a party to the proceeding to participate in the proceeding under the Child Protection Act , section 113 ; if a party has a guardian for a matter relating to the proceeding—how the guardian is to be given notice of the proceeding or be served or given a document in the proceeding; See also rule 33 . whether the public guardian should be given notice of the proceeding, and how the public guardian is to be given notice of the proceeding. The public guardian has the right to appear in a child protection proceeding under the Child Protection Act , section 108B . r 67 amd 2018 SL No. 165 s 12 (sec.67-ssec.1) At an early stage of a child protection proceeding and at any other time, the court must identify who should be a party to or participant in the child protection proceeding. Part 5 contains rules about participants in a child protection proceeding. (sec.67-ssec.2) The court must, in identifying who should be a party to or participant in a child protection proceeding, consider issuing directions about each of the following— whether a party or a person is to take steps to find out who should be a party to or participant in the proceeding; if the court considers that a person should be a party to or participant in the proceeding—how the person is to be served or notified of the proceeding; things to be done to— help decide whether a party to the proceeding understands the nature, purpose and legal implications of the proceeding; or ensure the party understands the proceeding; See the Child Protection Act , section 106 , for the court’s duty to ensure that parties to a child protection proceeding understand the nature, purpose and legal implications of the proceeding. how the child’s wishes or views, if able to be ascertained, are to be made known to the court under the Child Protection Act , section 59 (1) (d) ; whether the court should allow a person who is not a party to the proceeding to participate in the proceeding under the Child Protection Act , section 113 ; if a party has a guardian for a matter relating to the proceeding—how the guardian is to be given notice of the proceeding or be served or given a document in the proceeding; See also rule 33 . whether the public guardian should be given notice of the proceeding, and how the public guardian is to be given notice of the proceeding. The public guardian has the right to appear in a child protection proceeding under the Child Protection Act , section 108B .