64ATutor for person under legal incapacity

#### 64A Tutor for person under legal incapacity 64A Tutor for person under legal incapacity > > (1) A tutor for a person under legal incapacity must, in relation to the proceedings for which the tutor is appointed— > > > > > (a) act in the best interests of the person under legal incapacity, and > > > > > (b) not participate except as the person’s tutor. > > > (2) The tutor may commence or carry on proceedings in the same way the person under legal incapacity could have commenced or carried on the proceedings if not under legal incapacity. > > > (3) However, the tutor must not commence or carry on proceedings unless the tutor, or the tutor’s solicitor for the proceedings, certifies to the Commission that the tutor— > > > > > (a) consents to acting as tutor, and > > > > > (b) does not have an adverse interest, and > > > > > (c) agrees to comply with these rules and the procedural directions. > > > (4) If the tutor becomes aware the tutor has an adverse interest, the tutor must notify the tutor’s solicitor and the Commission as soon as practicable. > > > (5) The tutor must take reasonable steps to understand— > > > > > (a) the issues in the proceedings, and > > > > > (b) the interests and wishes of the person under legal incapacity in relation to the proceedings, and > > > > > (c) legal advice from the tutor’s solicitor about the proceedings. > > > (6) The tutor must— > > > > > (a) attend the proceedings, and > > > > > (b) represent and support the person under legal incapacity during the proceedings, including by taking reasonable steps to assist the person to understand and participate in the proceedings, and > > > > > (c) take reasonable steps to explore settlement in the proceedings. > > > (7) The tutor must not use or disclose confidential information obtained while acting as tutor unless permitted or required by law to use or disclose the information. > > > (8) The Commission may, at any time, make an order to remove a tutor. > > > (9) In this rule— > > > > adverse interest means an interest in the proceedings that is adverse to the interests of the person under legal incapacity. > > > > tutor, for a person under legal incapacity, means a person appointed under the PIC Act, section 43A(2) for the person under legal incapacity. > > > > Note— > > > > In this rule, person under legal incapacity has the same meaning as in the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028). > > **rule 64A:** Ins 2026 (116), Sch 1.1\[1\].