Notes on Guideline 5 – application to revoke a protection order in the Children's Court (Family Division)

Notes on Guideline 5 – application to revoke a protection order in the Children's Court (Family Division)

Guideline 5 – application to revoke a protection order in the Children’s Court (Family Division)

(a) Guideline guidance notes

Victoria Legal Aid (VLA) may grant funding for a child or parent to initiate or respond to an application to revoke a family reunification order where the reasonable prospects requirements of guideline 5 are satisfied.

Note: Opposing a DHHS application to vary or extend a final order is separately covered under guidelines 1 and 2.

(b) Other eligibility criteria

If applicant is a parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.

If applicant is a child – the VLA means test does not apply. If the child is not initiating the application to revoke, the State reasonableness test should be assessed as satisfied. If the child is initiating the application to revoke, then an assessment must be made as to whether the State reasonableness test is met.

(c) Grants assessment process

Applications for a broadband grant of legal assistance to revoke a family reunification order can be lodged via the ATLAS simplified grants ‘new application’ template. Note:

  • in the ATLAS ‘Matters’ screen, select the ‘Matter Type’ as ‘Prot Order – Revocation’
  • in the ‘Court Hearings’ screen, if the client is initiating the appeal, under:
    • ‘Are there any court proceedings’ – select ‘Yes – Intended’
    • ‘When is the next hearing date?’ – can be left blank
    • ‘Court Proceedings Number’ – enter the words ‘Not available’
    • ‘Type of orders sought’ – enter ‘Final Orders’.
  • in the ‘DHHS’ screen, under ‘Type of DHHS application’ select ‘Revocation’
  • extensions to the broadband grant are to be made in accordance with guideline 1 (for child applicants) and guideline 2 (for parent applicants).

Satisfaction of the guideline criteria will be VLA assessed. Information to be included in the grant application is discussed in Documentary requirements.

(d) Documentary requirements

The ATLAS application should include or attach (as applicable):

  • a copy of the family reunification order
  • an explanation of the basis on which guideline 5 (including the reasonable prospects requirements), and the State reasonableness test, are met
  • if responding to an application, relevant court reports and revocation documentation (proof of matter)
  • the most recent DHHS report and Court clinic report (if available)
  • details of orders sought by the parties.

The lawyer’s file should include:

  • documentation confirming the outcome of the revocation application
  • all other relevant notes supporting evidence and documents as identified in the documentary requirements section.