Childrens Court Rules 2016
sec.68Legal representation of parties
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sec.68 Legal representation of parties
The court must consider— whether a party should be represented, and has had reasonable opportunity to obtain legal representation; and whether an order should be made that a child be represented by a lawyer under the Child Protection Act , section 110 . When considering whether a child should be represented by a lawyer under the Child Protection Act , section 110 , the court must consider the following matters— the circumstances of the child, including, for example, whether the child has particular needs that are to be considered in the proceeding; the circumstances of the child’s family, including, for example, whether a parent of the child is also a child; the factual or evidentiary complexity of the proceeding, including, for example, whether expert evidence will be used in the proceeding; whether appointing a representative under the Child Protection Act , section 110 is necessary for— the child protection proceeding to be conducted in a way that is consistent with the best interests of the child; or the court to decide the child protection proceeding in the best interests of the child. The court may issue directions about the representation of a party. directing a party to help another party, including a child, to apply to Legal Aid Queensland or a Legal Aid service provider for legal assistance under the Legal Aid Queensland Act 1997 directing the registry to send to Legal Aid Queensland the magistrate’s written request that Legal Aid Queensland consider giving a party legal assistance under the Legal Aid Queensland Act 1997 directing a party to help another party, including a child, to seek assistance from a community legal service or a service that provides legal assistance to Aboriginal people or Torres Strait Islanders (sec.68-ssec.1) The court must consider— whether a party should be represented, and has had reasonable opportunity to obtain legal representation; and whether an order should be made that a child be represented by a lawyer under the Child Protection Act , section 110 . (sec.68-ssec.2) When considering whether a child should be represented by a lawyer under the Child Protection Act , section 110 , the court must consider the following matters— the circumstances of the child, including, for example, whether the child has particular needs that are to be considered in the proceeding; the circumstances of the child’s family, including, for example, whether a parent of the child is also a child; the factual or evidentiary complexity of the proceeding, including, for example, whether expert evidence will be used in the proceeding; whether appointing a representative under the Child Protection Act , section 110 is necessary for— the child protection proceeding to be conducted in a way that is consistent with the best interests of the child; or the court to decide the child protection proceeding in the best interests of the child. (sec.68-ssec.3) The court may issue directions about the representation of a party. directing a party to help another party, including a child, to apply to Legal Aid Queensland or a Legal Aid service provider for legal assistance under the Legal Aid Queensland Act 1997 directing the registry to send to Legal Aid Queensland the magistrate’s written request that Legal Aid Queensland consider giving a party legal assistance under the Legal Aid Queensland Act 1997 directing a party to help another party, including a child, to seek assistance from a community legal service or a service that provides legal assistance to Aboriginal people or Torres Strait Islanders