Under the Act on the Punishment of Child Abuse Crimes, who may act as assistant in a child protection order case, and what must a non-lawyer obtain first?
General information · Not legal advice
Material to check
For this exercise, we read the document each side filed to appoint an assistant, the paper attached to that person's report showing the family relationship or official position relied on, and the court's permission needed both to appoint a non-lawyer as assistant and for a person in the listed categories to become one.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the list as closed: only the legal representative, spouse, lineal relative or sibling of the victim child or of the person who abused the child, a child abuse dedicated public official, a counsellor or head of a specialised child protection agency, and a lawyer may act as assistant in a child protection order case.
Another reading keeps the permission requirement attached to both sentences: permission is needed both to appoint a person who is not a lawyer as assistant and for a person in the listed categories to become one, and a lawyer as defined by the Attorneys-at-Law Act who is in the listed categories is not exempt, since anyone in the listed categories needs the court's permission to become one.
Your judgment
If a counsellor has left the specialised child protection agency, would the file show whether their former position still satisfies the provision's list?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may act as assistant or the permission requirement, or if a court decision explains whether a listed position must still be held at the time of appointment.