Guardian ad Litem (GAL) is someone who is responsible for the conduct of legal proceedings for a person, where that person is:
- incapable of representing themselves
- incapable of giving proper instructions to their legal representative, and/or
- under legal incapacity due to age, mental illness or incapacity, disability or other special circumstances in relation to the conduct of the proceedings.
A GAL may also be referred to as a tutor or special representative.
The role of a GAL is to protect or promote the interests of the person in relation to whom they have been appointed (the client). In many cases a GAL is appointed by the Court or Tribunal in which the proceedings are being conducted.
GAL Panel members may also be appointed to other Courts and Tribunals and proceedings in the Supreme Court and District Court in each State and Territory
A GAL is responsible and authorised to make decisions in the best interests of the client only in relation to the legal proceedings in which they have been appointed.
A GAL when making decisions shall:
- promote the autonomy of the client;
- safeguard and represent the interests of the client;
- take into account views, opinions, wishes and feelings as expressed by the client; and/or
- take into consideration any other special circumstances.
