sec.80LChild representative must be appointed

### sec.80L Child representative must be appointed As soon as possible after a chapter 5A application is made, the tribunal must appoint a person to separately represent the child before the tribunal (a child representative ). A person is eligible for appointment as a child representative only if the person is a lawyer who has experience in dealing with children with an impairment. Lawyer means a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions). The definition lawyer in the Acts Interpretation Act 1954 was replaced by the Justice and Other Legislation Amendment Act 2013 , section 6 with the following— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 . The child representative must— act in the child’s best interests; and have regard to any expressed views or wishes of the child; and to the greatest extent practicable, present the child’s views and wishes to the tribunal. To ensure the child representative has all the information necessary to act in the child’s best interests, the tribunal may order a person, for example, a parent or a doctor who is treating, or has treated, the child, to give the child representative information about the child. If the tribunal orders a person to give information under subsection (4) , the person must comply with the order unless the person has a reasonable excuse. It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person. Subject to subsection (6) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. s 80L ins 2003 No. 87 s 15 amd 2012 No. 37 s 51 sch ; 2013 No. 39 s 110 sch 3 pt 1 (sec.80L-ssec.1) As soon as possible after a chapter 5A application is made, the tribunal must appoint a person to separately represent the child before the tribunal (a child representative ). (sec.80L-ssec.2) A person is eligible for appointment as a child representative only if the person is a lawyer who has experience in dealing with children with an impairment. Lawyer means a barrister, solicitor, barrister and solicitor or legal practitioner of the High Court or the Supreme Court of a State— Acts Interpretation Act 1954 , schedule 1 (Meaning of commonly used words and expressions). The definition lawyer in the Acts Interpretation Act 1954 was replaced by the Justice and Other Legislation Amendment Act 2013 , section 6 with the following— lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2007 . (sec.80L-ssec.3) The child representative must— act in the child’s best interests; and have regard to any expressed views or wishes of the child; and to the greatest extent practicable, present the child’s views and wishes to the tribunal. (sec.80L-ssec.4) To ensure the child representative has all the information necessary to act in the child’s best interests, the tribunal may order a person, for example, a parent or a doctor who is treating, or has treated, the child, to give the child representative information about the child. (sec.80L-ssec.5) If the tribunal orders a person to give information under subsection (4) , the person must comply with the order unless the person has a reasonable excuse. (sec.80L-ssec.6) It is a reasonable excuse for a person to fail to give information because giving the information might tend to incriminate the person. (sec.80L-ssec.7) Subject to subsection (6) , this section overrides— any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and any claim of confidentiality or privilege, including a claim based on legal professional privilege. - (a) act in the child’s best interests; and - (b) have regard to any expressed views or wishes of the child; and - (c) to the greatest extent practicable, present the child’s views and wishes to the tribunal. - (a) any restriction, in an Act or the common law, about the disclosure or confidentiality of information; and - (b) any claim of confidentiality or privilege, including a claim based on legal professional privilege.