11.2 Child victims who wish to make their own application

In most cases, the FAS requires children to have an adult assist with their application. In some limited circumstances, the FAS may decide that some children are capable of making their own decisions and can represent themselves.

When deciding whether a child is capable of applying to the FAS independently, the FAS will consider:

• the child’s reasons or explanation as to why it is appropriate for them to apply on their own behalf
• the child’s age and whether the child can understand and retain the information they need to make decisions about their application and the consequences of their decisions
• existing arrangements such as whether the child is already making complex decisions for themselves
• whether the child can communicate their decisions
• the child’s ability to source and provide the evidence required for their application
• the views or opinions of any relevant supporting family members or peers as to the child’s capacity to make decisions for themselves,
• the child’s living and personal circumstances and whether they have anyone who can be their Authorised Representative.

If the FAS considers that the child would benefit from legal advice or further assistance with completing their application, the FAS will refer the child to an appropriate service.