Clause Code : R135

Not competent to provide instructions (child protection - direct representation)

Clause type: Refusal

Solicitor clause wording

Direct representatives for children in contested child protection proceedings may be available in limited circumstances where the child is competent to provide instructions. Legal Aid Queensland will take into consideration whether there is a current separate representative involved in the proceedings when determining whether it is suitable for children to be directly represented in contested child protection proceedings. Based on the information provided, we do not believe your client is competent to provide instructions in relation to this matter.

Client clause wording

Direct representatives for children in contested child protection proceedings may be available in limited circumstances where the child is competent to provide instructions. Legal Aid Queensland will take into consideration whether there is a current separate representative involved in the proceedings when determining whether it is suitable for children to be directly represented in contested child protection proceedings. The solicitor who met with you has indicated to our office that you do not meet the requirements to competently provide instructions in these proceedings.