(1) This section
applies if an independent children’s lawyer is appointed for a child in
relation to proceedings under this Act.
(2) The independent
children’s lawyer must —
(a) form
an independent view, based on the evidence available to the independent
children’s lawyer, of what is in the best interests of the child; and
(b) act
in relation to the proceedings in what the independent children’s lawyer
believes to be the best interests of the child.
(3) The independent
children’s lawyer must, if satisfied that the adoption of a particular
course of action is in the best interests of the child, make a submission to
the court suggesting the adoption of that course of action.
(4) The independent
children’s lawyer —
(a) is
not the child’s legal representative; and
(b) is
not obliged to act on the child’s instructions in relation to the
proceedings.
(5) The independent
children’s lawyer must —
(a) act
impartially in dealings with the parties to the proceedings; and
(b)
ensure that any views expressed by the child in relation to the matters to
which the proceedings relate are fully put before the court; and
(c) if a
report or other document that relates to the child is to be used in the
proceedings —
(i)
analyse the report or other document to identify those
matters in the report or other document that the independent children’s
lawyer considers to be the most significant ones for determining what is in
the best interests of the child; and
(ii)
ensure that those matters are properly drawn to the
court’s attention;
and
(d)
endeavour to minimise the trauma to the child associated with the proceedings;
and
(e)
facilitate an agreed resolution of matters at issue in the proceedings to the
extent to which doing so is in the best interests of the child.
(6) Subject to
subsection (7), the independent children’s lawyer —
(a) is
not under an obligation to disclose to the court; and
(b)
cannot be required to disclose to the court,
any information that
the child communicates to the independent children’s lawyer.
(7) The independent
children’s lawyer may disclose to the court any information that the
child communicates to the independent children’s lawyer if the
independent children’s lawyer considers the disclosure to be in the best
interests of the child.
(8) Subsection (7)
applies even if the disclosure is made against the wishes of the child.
[Section 165 inserted: No. 35 of 2006 s. 137.]