South Australian Current Acts South Australian Current Acts64—Limitations on orders that may be made if child or young person
unrepresented
(1) Subject to this
section, the Court must not hear an application under this Act unless—
(a) the
child or young person to whom the application relates is represented in the
proceedings by a legal practitioner; or
(b) the
Court is satisfied that the child or young person has made an informed and
independent decision not to be so represented.
(2) However, the Court
may proceed to hear an application under this Act in the absence of legal
representation if the Court is satisfied that the application should be heard
as a matter of urgency (however in such a case the Court should make interim
orders in respect of the application and then adjourn the proceedings so as to
enable the child or young person to be represented by a properly instructed
legal practitioner if they so wish).
(3) The Court may, in
interim orders under subsection (2), make any order the Court could have
made under section 53 (however the interim orders will only have effect
for the period of the adjournment).
(4) A person who,
having been served personally with an interim order made under
subsection (2), contravenes or fails to comply with the order is guilty
of an offence.
Maximum penalty: Imprisonment for 2 years.
(5) Subsection (4)
does not apply to a child or young person to whom the interim order relates.