New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 101

101 Guardian ad litem and amicus curiae-parents of child or young person

(1) The Children’s Court may:

(a) appoint a guardian ad litem for either or both of the parents of a child or young person, or

(b) request the legal representative of a parent or the parents of a child or young person to act as amicus curiae,

if it is of the opinion that the parent is, or the parents are, incapable of giving proper instructions to his or her, or their, legal representative.

(2) Circumstances that warrant the appointment of a guardian ad litem or a request for a legal representative to act as amicus curiae may include that the parent of a child or young person has an intellectual disability or is mentally ill.

(3) The functions of a guardian ad litem of a parent of a child or young person are:

(a) to safeguard and represent the interests of the parent, and

(b) to instruct the legal representative of the parent.

(4) A legal representative of a parent for whom a guardian ad litem has been appointed is to act on the instructions of the guardian ad litem.