Guideline 6a – personal safety intervention order cases

Guideline 6a – personal safety intervention order cases

6a.1 – Adults

A person aged 18 years or older is not eligible for legal assistance under this guideline.

6a.2 – Children

6a.2.1 – Applicants

Victoria Legal Aid (VLA) expects an applicant under the age of 18 years to be included in any application for an intervention order under the Personal Safety Intervention Orders Act 2010 (the Act) by an adult applicant.

VLA may make a grant of legal assistance to a child aged 14 years or older to bring an application for an intervention order under the Act where:

  • the court has granted leave to the child to apply for an intervention order

and all of the following apply:

  • the application is contested, and
  • mediation has been attempted unless exceptional circumstances apply.

The merits of the application

As well as meeting the usual requirements of the State resonableness test, the application for a personal safety intervention order must not be frivolous, vexatious or in bad faith.

6a.2.2 – Respondents

VLA may make a grant of legal assistance to a child under the age of 18 years to respond to an application for an intervention order under the Act where all of the following apply:

  • the application is contested
  • mediation has been attempted unless exceptional circumstances apply, and
  • the respondent is more likely than not to succeed in contesting the making of a personal safety intervention order in the terms sought by the applicant.

The application for legal assistance must also meet the usual requirements of the State reasonableness test.

6a.2.3 Children who are not applicants or respondents

Where the court grants leave on its own initiative for a child aged 10 years or older to be heard separately under the Act, VLA may make a grant of legal assistance to the child.

Cross-applications for intervention orders

VLA will only provide a single grant of legal assistance for a cross-application.

Proceedings for breach of an intervention order

If the person applies for a grant of legal assistance as a respondent in proceedings for breach of an intervention order, then VLA will assess the application under its Criminal law guidelines.

Appeals and applications to vary, revoke or extend an intervention order

VLA may consider providing assistance for appeals or applications to vary, revoke or extend an intervention order under the State's special circumstances guideline. These applications are VLA assessed and supporting documents must be provided.

Documentary requirements

Simplified grants assessment process

Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit an application via ATLAS, only after ensuring that the following documents are retained on file (unless they are requested by VLA for assessment):

  • a copy of any application, complaint and interim order made
  • a copy of the court’s order granting leave for the child to apply
  • the lawyer’s assessment of how the matter meets guideline 6a.

Notes on this guideline

For commentary and examples on the eligibility criteria, grants assessment process, documentary requirements and fees and billing relevant to this guideline see the Notes on guideline 6a – personal safety intervention orders.