Children’s Representatives (NT)

In child protection matters in the Northern Territory, the court may appoint a person to represent the interests of the children to the court. This person may participate in the proceedings and may support or oppose the order that the Department is seeking. This page deals with the role of a children’s representative in child protection matters in the NT.

Legislation

Child protection matters in the NT are governed by the Care and Protection of Children Act 2007. Under section 43 of that Act, the court may order that a legal representative be appointed for a child if it considers that this is in the child’s interests.

How does a children’s representative operate?

A children’s representative may participate in the proceedings in either of the two following ways.

On the basis of the child’s instructions

If the child representative considers that the child is of sufficient maturity and understanding to give instructions in relation to the proceedings, they may act on the child’s instructions to the extent that the child has given instructions.

On the basis of the child’s best interests

In any other case, the child representative must act on the basis of what is in the child’s best interests regardless of any instructions the child has given and present the child’s views and wishes to the court.  

Is the child capable of giving instructions?

Under section, 143B, there is a presumption that a child under 10 does not have sufficient maturity and understanding to give instructions and that a child over 10 does have sufficient maturity and understanding to give instructions.

A children’s representative must inform the child of whether he or she is acting on their instructions or in their best interests.

Duties

A children’s representative must take all reasonable steps to ascertain whether a child is of sufficient maturity and understanding to provide instructions in a matter and if they are, to obtain those instructions. If the child is not able to provide instructions, they must take all reasonable steps to ascertain the views and wishes of the child.

They must take all reasonable steps to actively and professionally represent the child as if they had been engaged by the child.

Resolving matters

When Territory Families applies for a protection order and one or more parties opposes the application, the matter may be able to be resolved without the need to go to a final hearing. In some cases, the position that the children’s representative takes during negotiations will be influential in this.

The children’s representative’s support of the application may influence parents to agree to the order being sought, especially if they can produce convincing arguments in support of the Department. On the other hand, if the children’s representative opposes the order being sought and produces compelling evidence or arguments against it, this may prompt the Department to rethink the application.

Contested matters

If an application for a protection order is opposed and the matter proceeds to hearing, the children’s representative may participate in the hearing in the same way as other parties. This may include cross-examining witnesses, calling evidence and making submissions.

The position that the children’s representative takes will be based either on the children’s instructions or on their own assessment of what is in the best interests of the children. This may or may not coincide with the position that one or more other parties take.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.