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CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132U

Appointing litigation guardian for person with legal disability

    (1)     This section applies in relation to a proceeding on an application for an order for a person (the relevant person ) under this chapter if the Magistrates Court considers that the person is or may be a person with a legal disability.

    (2)     The following people may be appointed as a litigation guardian for the relevant person:

        (a)     an individual who is not a person with a legal disability;

        (b)     the public advocate.

    (3)     An individual is appointed under subsection (2) by filing with the Magistrates Court a statement—

        (a)     about whether, to the best of the individual's knowledge, the relevant person has a guardian or manager, other than the individual; and

        (b)     to the effect that the individual—

              (i)     has no interest in the proceeding that is adverse to the interests of the relevant person; and

              (ii)     agrees to be appointed.

    (4)     However, if the relevant person has a guardian or manager, other than the individual, the individual may be appointed as the relevant person's litigation guardian only with the Magistrates Court's leave.

    (5)     For this section:

"guardian"—see the Guardianship and Management of Property Act 1991

, dictionary.

"manager"—see the Guardianship and Management of Property Act 1991

, dictionary.

Note     Section 132X sets out what happens if a party with a legal disability does not have a representative, or an appropriate or suitable representative.



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