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Personal Violence Act 2016
70Representation—party with impaired decision-making
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70 Representation—party with impaired decision-making
(a) the Magistrates Court considers that a party to a proceeding for
a protection order has impaired decision-making ability; and
(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 Magistrates 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 the Magistrates Court from making
an interim order against a respondent with impaired decision-making
ability if the court is satisfied of the matters mentioned in section 18
(Interim orders—grounds for making).
Note A child under 14 years old cannot be a respondent to an application for a
protection order (see s 69).
Legal Aid ACT—see the Legal Aid ACT 1977, section 94
(Commission to operate as Legal Aid ACT).