76Representation—party with impaired decision-making

76 Representation—party with impaired decision-making (a) the court considers that a party to a proceeding for a family violence order has impaired decision-making ability; and

Division 4.6 Party with impaired decision-making ability (b) the person is not represented by— (i) a lawyer; or (ii) another person with a right to represent the person. Examples—par (b) (ii) 1 a police officer 2 litigation guardian 3 disability guardian 4 for a child, the child’s parent (2) The court may, on application, or its own initiative— (a) adjourn the proceeding so the parties can get representation or appoint a litigation guardian; and (b) give the parties information necessary to allow the parties to get representation or appoint a litigation guardian; and (c) tell the public advocate that the proceeding has been adjourned so the parties can get representation or appoint a litigation (d) ask that legal representation be arranged by Legal Aid ACT. (3) Nothing in this section prevents a court or judicial officer from making an interim order or after-hours order against a respondent with impaired decision-making ability if the court is satisfied of the matters mentioned in section 21 (Interim orders—grounds for making) or section 100 (After-hours orders—grounds for making). Note A child under 14 years old cannot be a respondent to an application for a family violence order (see s 75). Legal Aid ACT—see the Legal Aid Act 1977, section 94 (Commission to operate as Legal Aid ACT).

Appointment etc of litigation guardian Division 4.7