Restriction on making * Respondents contesting equivalent long-term expected to complete Affidavits guardianship order in support similar to s. 276 of ** Nominal contribution of $60 CYFA 2005 (VIC) charged to all clients above age of 18 Western Australia interests of the Legal Aid WA ‘best child paramount’ Children and Community Pre-court assistance/rep: No Need to protect child Services Act 2004 (WA) from harm, capacity of Duty Lawyer Service: Yes parents or other persons Court based assistance/rep: to offer such protection Yes Nature of child’s relationship with Post-court assistance/rep: No parents, siblings, other Third Parties: Yes relatives, attitude of to parental parent’s Initiate applications: No responsibility Administrative review: No Participation of child to the extent that age and Guidelines: an and ‘advice development enable – grant available if investigation’ separate representation beyond scope of DL to provide. Importance of continuity Aid that ‘includes and stability in child’s representation up to and living arrangement including defended hearing Preservation of contact available if outside normal level with parents, siblings, of representation provided by family when placed DL, and there are reasonable away from home chances of successfully ATSI placement opposing application and principle children have been taken into Prompt decision making care of CEO or special Intervention only in circumstances exist’. circumstances where no GOA available for separate other reasonable representatives where Court safeguard ordered and Commission Limited orders available reasonable to do decides it’s so. ** Respondents contesting an application required to lodge written materials
Restriction on making equivalent long-term guardianship order similar to s. 276 of CYFA 2005 (VIC) * Respondents contesting expected to complete Affidavits in support ** Nominal contribution of $60 charged to all clients above age of 18 Western Australia Children and Community Services Act 2004 (WA) ‘best interests of the child paramount’ Need to protect child from harm, capacity of parents or other persons to offer such protection Nature of child’s relationship with parents, siblings, other relatives, attitude of parent’s to parental responsibility Participation of child to the extent that age and development enable – separate representation Importance of continuity and stability in child’s living arrangement Preservation of contact with parents, siblings, family when placed away from home ATSI placement principle Prompt decision making Intervention only in circumstances where no other reasonable safeguard Limited orders available Legal Aid WA Pre-court assistance/rep: No Duty Lawyer Service: Yes Court based assistance/rep: Yes Post-court assistance/rep: No Third Parties: Yes Initiate applications: No Administrative review: No Guidelines: an ‘advice and investigation’ grant available if beyond scope of DL to provide. Aid that ‘includes representation up to and including defended hearing available if outside normal level of representation provided by DL, and there are reasonable chances of successfully opposing application and children have been taken into care of CEO or special circumstances exist’. GOA available for separate representatives where Court ordered and Commission decides it’s reasonable to do so. ** Respondents contesting an application required to lodge written materials