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Representation of children

The Court must not make an Youth Treatment Order unless satisfied that the child is assisted or represented in the proceedings by a family member or advocate [s 54E(1)].

Legal representation

Children are entitled to be represented by a legal practitioner (at no cost to the child) in relation to proceedings for assessment, treatment and detention orders under Part 7A of the Controlled Substances Act 1984 (SA) [s 54M(1)]. Children will automatically be allocated a lawyer by the Legal Services Commission, who will offer to provide them with legal representation.

A child, may however, choose to engage a legal practitioner at his or her own expense, appear personally (unrepresented), or have the Public Advocate or another advocate appear on their behalf [s 54M (3)].

Orders made in the child or representative’s absence

However, the Court may make an order in the absence of the child or representation for the child if satisfied:

  • the order should be made urgently; or
  • the child was required by summons to appear at the hearing and failed to appear; or
  • the child has made an informed and independent decision not to be present and not to be represented (and that the child is capable of understanding the nature and possible consequences of the proceedings).

The Court may adjourn a hearing to which a child is summoned to appear to a later date if satisfied the summons has not been served or there is another adequate reason [s 54E(5)]. An adjournment must usually be for not more than 7 days [s 54E(7)].

If the Court makes an order in the child’s absence for urgency, the Court must make only an interim order and summon the child to appear at a hearing to say why the order should not be confirmed as a final order [s 54E(3)]. An interim order will continue until the conclusion of the hearing to which the child was summoned, but must be confirmed by the Court [s 54E(8)]:

  • on the failure of the child to appear at the hearing; or
  • having considered any evidence given by or on behalf of the child; or
  • with the consent of the child (or the person representing the child).

The Court may confirm an order in an amended form [s 54E(9)].

Representation of children  :  Last Revised: Tue Nov 23rd 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.