Western Australian Current Acts Western Australian Current Acts (1) The CEO may, at
any time, appoint a person who, in the CEO’s opinion, is suitably
qualified to represent a child who is a prospective adoptee or adoptee.
(1a) The CEO must, as
soon as practicable after the Department has been contacted in relation to the
matter, appoint a person who, in the CEO’s opinion, is suitably
qualified to represent a child who —
(a) is a
prospective adoptee or adoptee; and
(b) has
a disability of a kind that is likely to affect the placement of the child.
(1b) The CEO must, as
soon as practicable after the Department has been contacted in relation to the
matter, appoint a person who, in the CEO’s opinion, is suitably
qualified to represent a child who is a birth parent and who is considering
the adoption of her or his child.
(2) A person appointed
under subsection (1), (1a) or (1b) may instruct a legal practitioner on behalf
of the child, and in that case, the CEO is to make arrangements in relation to
the legal advice to be given to, or the legal representation to be provided
for, the child.
(3) In proceedings
under or in relation to this Act in respect of a child who is a prospective
adoptee or an adoptee, the court before which the proceedings are held may
direct that the child be separately represented by a legal practitioner.
(4) If a court gives a
direction under subsection (3), the CEO is to —
(a) make
arrangements in accordance with the direction; and
(b) be
responsible for the legal costs,
unless the court
orders otherwise.
(5) A legal
practitioner who represents a child under a direction under subsection (3)
must act on the instructions of the child if the child —
(a) has
sufficient maturity and understanding to give instructions; and
(b)
wishes to give instructions,
and in any other case
must act in the best interests of the child.
(6) Any question as to
whether a child has sufficient maturity and understanding to give instructions
is to be determined by the court.
[Section 134 amended: No. 8 of 2003 s. 78; No. 34
of 2004 Sch. 2 cl. 2(8) and (9); No. 21 of 2008 s. 638(3).]
[Heading inserted: No. 7 of 1999 s. 15.]