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 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)]:

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