Is a lawyer for child the child’s agent under the Privacy Act?

Section 57 of the Privacy Act anticipates that individuals may appoint an agent to act on their behalf request their personal information.

A ‘lawyer for child’ is a lawyer that has been appointed to represent a child by a law, for example, section 7 of the Care of Children Act. Their role is to give advice and represent the child in a way that promotes their welfare and best interests.

A lawyer for child can request and receive personal information of the child they are representing if this is necessary to carry out this role. Before releasing information to an agent, including a lawyer, an agency must ensure they have authority of the person they are representing. This will usually require seeing an ‘authority to act’ form or a letter from a court appointing the lawyer to represent the child whose information they are seeking to obtain.

Updated November 2025