Guideline 3 – appeal against interim accommodation order

Guideline 3 – appeal against interim accommodation order

Victoria Legal Aid (VLA) may provide a grant of assistance for a child or parent to appeal or respond to an appeal against an interim accommodation order (IAO) made in the Children’s Court (Family Division) where:

  • the IAO places the child/ren out of the parents’ care

and

  • there are reasonable prospects of the child/ren being immediately placed in the care of a parent

and

  • where the person applying for assistance is a parent, that parent has reasonable prospects of the child/ren being placed in their care.

Meanings

‘child’— as defined in the Children, Youth and Families Act 2005.

Reference in these guidelines to legal assistance to a child covers on a direct representation or on a best interests basis as relevant. With respect to legal representation on a best interests basis, the lawyer must be or have been appointed under section 524(5) to legally represent the child on a best interests basis and VLA considers it appropriate to provide assistance for the child.

‘parent’— as defined in the Children, Youth and Families Act 2005.

Documentary requirements

Information to assist practitioners with the grants application and assessment process and documentary requirements is set out under the relevant guideline in Simplified Grants System: Notes on the Guidelines.

Simplified grants assessment process

Grants to appeal against an IAO are submitted by way of an extension on the substantive grant and are VLA assessed.  Lawyers seeking a grant of legal assistance must submit an application via ATLAS, uploading the appropriate documents set out under the relevant guideline in Simplified Grants System: Notes on the Guidelines and retaining on file the remaining documents set out in the notes.

Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.