Western Australian Current Acts

MENTAL HEALTH ACT 2014 - SECT 450

450 .         Party is a child with capacity to consent

        (1)         In a proceeding, a party who is a child with sufficient maturity and understanding to make reasonable decisions about matters relating to himself or herself —

            (a)         may appear in person; or

            (b)         may be represented by any of these people —

                  (i)         a legal practitioner;

                  (ii)         a mental health advocate;

                  (iii)         the child’s parent or guardian;

                  (iv)         any other person who, in the Tribunal’s opinion, is willing and able to represent the child’s interests;

                or

            (c)         must be represented by a person listed in paragraph (b) if the Tribunal makes an order under subsection (2) in respect of the party.

        (2)         The Tribunal must in the case of the party who is the person concerned in the proceeding, and may in the case of any other party, make an order that the party must be represented in the proceeding if, in the Tribunal’s opinion, it is not in the best interests of the party for the party to appear in person in the proceeding.

        (3)         Even though a party who is a child referred to in subsection (1) is represented in the proceeding, the child is entitled to express in person his or her views about any matter arising in the course of the proceeding that may affect the child.

        Note for this section:

                For the purpose of deciding under section 450(2) what is or is not in the best interests of a party, Part 2 Division 3 applies.