Child Protection matters are applications under the Children, Youth and Families Act 2005. Subject to the State reasonableness test and the means test Victoria Legal Aid (VLA) may make a grant of legal assistance to:
- a child:
- involved in a case in the Children’s Court (Family Division) (Child Protection guideline 1)
- an appeal against Interim Accommodation Order in the Children’s Court (Family Division) (Child Protection guideline 3)
- an internal review of a case planning decision made by DFFH (Child Protection guideline 4)
- an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision (Child Protection guideline 4)
- to initiate or respond to an application to revoke a protection order in the Children’s Court (Family Division) (Child Protection guideline 5)
- to respond to an appeal from a final decision of the Children’s Court (Family Division) or of the County Court (Child Protection guideline 6)
- to respond to an application for judicial review of a decision of the Children’s Court (Family Division), County Court or VCAT (Child Protection guideline 7)
- a person such as a parent, guardian or other interested person:
- involved in case in the Children’s Court (Family Division) if that person did not make the application and the matter otherwise satisfies that guideline (Child Protection guideline 2)
- an appeal against Interim Accommodation Order in the Children’s Court (Family Division) (Child Protection guideline 3)
- an internal review of a case planning decision made by DFFH (Child Protection guideline 4.1)
- an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision (Child Protection Guideline 4.2)
- to initiate or respond to an application to revoke a protection order in the Children’s Court (Family Division) (Child Protection guideline 5)
- to respond to an appeal from a final decision of the Children’s Court (Family Division) or of the County Court (Child Protection guideline 6)
- to respond to an application for judicial review of a decision of the Children’s Court (Family Division), County Court or VCAT (Child Protection guideline 7)
Other matters – special circumstances
If a person seeks a grant of legal assistance from VLA for family proceedings which are outside the Child Protection guidelines, then VLA may make a grant of legal assistance only if the person meets both:
- the means test (if relevant) and the State reasonableness test
- any of the State’s special circumstances.
Further information
The notes provide guidance on how the Child Protection guidelines in the VLA Handbook for Lawyers (the Handbook) are interpreted and applied, and provide commentary and examples on eligibility criteria, grants assessment process, documentary requirements and fees and billing.
The notes also provide links to Child Protection worksheets which guide lawyers through the eligbility criteria and the documentary requirements that apply.
The notes are embedded throughout the guidelines.
Updated