Document ID: chunk:federal_register_of_legislation:C2024C00859:section:68la:p2
Version: federal_register_of_legislation:C2024C00859
Segment Type: section
Provision Reference: s 68LA (pt 2/2)
Character Range: 378090–380397

has discretion in relation to the following matters (subject to any order or direction of the court with respect to the matter, for example under paragraph 68L(2)(b) or paragraph (5D)(b) of this section):
 (a) when, how often and how meetings with the child take place;
 (b) when, how often and how the child is provided with an opportunity to express views.
 (5B) The independent children's lawyer is not required to perform a duty if:
 (a) the child is under 5 years of age; or
 (b) the child does not want to meet with the independent children's lawyer, or express their views (as the case requires); or
 (c) there are exceptional circumstances that justify not performing the duty.
 (5C) Without limiting paragraph (5B)(c), exceptional circumstances for the purposes of that paragraph include that performing the duty, would:
 (a) expose the child to a risk of physical or psychological harm that cannot be safely managed; or
 (b) have a significant adverse effect on the wellbeing of the child.
 (5D) If the independent children's lawyer proposes not to perform a duty because of paragraph (5B)(c), the court must do the following before making final orders:
 (a) determine whether it is satisfied that exceptional circumstances exist that justify not performing the duty;
 (b) if the court determines that those circumstances do not exist—make an order requiring the independent children's lawyer to meet with the child or provide the child with an opportunity to express their views (as the case requires).
Note: The court may also make such other orders it considers necessary to secure the independent representation of the child's interests (see paragraph 68L(2)(b)).

Disclosure of information
 (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.