Western Australian Current Acts Western Australian Current Acts (1) This section
applies to proceedings under this Act in which a child’s best interests
are, or a child’s welfare is, the paramount, or a relevant,
consideration.
(2) If it appears to a
court that the child’s interests in the proceedings ought to be
independently represented by a lawyer, the court —
(a) may
order that the child’s interests in the proceedings are to be
independently represented by a lawyer; and
(b) may
make such other orders as it considers necessary to secure that independent
representation of the child’s interests.
(3) A court may make
an order for the independent representation of the child’s interests in
the proceedings by a lawyer —
(a) on
its own initiative; or
(b) on
the application of —
(i)
the child; or
(ii)
an organisation concerned with the welfare of children;
or
(iii)
any other person.
(4) Without limiting
subsection (2)(b), the court may make an order under that paragraph for the
purpose of allowing the lawyer who is to represent the child’s interests
to find out what the child’s views are on the matters to which the
proceedings relate.
(5) Subsection (4)
does not apply if complying with that subsection would be inappropriate
because of —
(a) the
child’s age or maturity; or
(b) some
other special circumstance.
[Section 164 inserted: No. 35 of 2006 s. 137.]