15Court orders for separate representation of child

15 Court orders for separate representation of child

(1)  The Court must not proceed to hear a matter unless –

(a) the child is represented in the proceedings by a legal practitioner; or

(b) the Court is satisfied that the child has made an informed and independent decision not to be so represented.

(2)  Subsection (1) does not apply if the Court is of the opinion that it is in the best interests of the child to proceed with the hearing in the absence of the child's representative.

(3)  In proceedings under this Act, if –

(a) the child is not represented by a legal practitioner; and

(b) the Court is not satisfied that the child has made an informed and independent decision not to be so represented –

the Court may make such orders as it considers necessary or appropriate to secure legal representation for the child and any orders it could make on adjournment of those proceedings were the child represented by a legal practitioner.

(4)  In any proceedings before the Court, whether or not the child is represented by a legal practitioner, if it appears to the Court that the child ought to be separately represented, the Court may –

(a) order that the child is to be separately represented; and

(b) make such other orders as it considers necessary or appropriate to secure that separate representation.

(5)  The Court may make an order under this section –

(a) on its own initiative; or

(b) on the application of –

(i) the child; or

(ii) the Secretary; or

(iii) a guardian of the child; or

(iv) any other person.