Guideline 10 – Post-sentence supervision and detention orders and community safety orders

Conditions under which a grant of legal assistance will generally be made for proceedings pursuant to the Serious Offenders Act 2018 or the Criminal Code Act 1995 (Cth).

Victoria Legal Aid (VLA) will generally make a grant of legal assistance to a person in the following proceedings pursuant to the Serious Offenders Act 2018 or the Criminal Code Act 1995 (Cth) (‘The Acts’):

  • an application by the Director of Public Prosecutions for a Detention Order
  • an application by the Secretary to the Department of Justice and Community Safety for an Emergency Detention Order
  • an application by the Secretary to the Department of Justice and Community Safety for a Supervision Order
  • an application by the Minister for the Department of Home Affairs for a Continuing Detention Order, Control Order or Extended Supervision Order or review of these orders
  • an application by the Secretary to the Department of Justice and Community Safety for a review of conditions or renewal of a Detention or Supervision Order
  • an application by the Minister for Immigration or their legal representative for a community safety order, to vary a condition of a community safety order, or to review a community safety order
  • an application by a person subject to a community safety order to review a community safety order
  • an appeal against an order made in community safety order proceedings
  • proceedings regarding the contravention of a community safety order
  • an application for review of conditions by the person subject to an Order under these Acts

If:

  • the benefit of representation outweighs the detriment that the person is likely to suffer if they are not represented, and
  • the proceedings will terminate in a manner favourable to the person, or
  • it is reasonable in all the circumstances, having regard to section 24 of the Legal Aid Act 1978, the merit of the application and benefit to the person, to provide a grant of legal assistance.

Additionally, VLA will make a grant of legal assistance available to a person if ordered to do so by a court.

Documentary requirements

All applications under this guideline will generally be decided via VLA's simplified grants assessment process except the following must be decided via the standard grants assessment process:

  • applications for a review of conditions by the person subject to an Order under this Act
  • applications for special disbursements including to fund an expert assessment and report.

Where the matter is to be decided via the standard grants assessment process, a lawyer on the section 29A practitioner panel seeking a grant of legal assistance must submit an application in ATLAS and include for assessment:

  • relevant proof of means
  • the supervision order itself (if in relation to an offender's application to review conditons of a supervision order)
  • the lawyer's assessment of why it is reasonable in all the circumstances to provide a grant of legal assistance having regard to the merit of the application and benefit to the client (if an application is made by a lawyer).

Applications made on the basis that a Court has ordered that the costs of the person's legal representation for the proceeding be funded must include a copy of the Court's order.

Updated