Victoria Legal Aid (VLA) may make a grant of assistance to a victim-survivor of sexual offences applying to exclude evidence of confidential communications and protected health information under s 32CE of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) to be represented by a VLA practitioner or a member of any s 29A panel where the case meets the State Reasonableness Test.
Applications assessed under this guideline do not need to meet the means test but are subject to the funds available and VLA's standard terms and conditions.
The Commonwealth government funds VLA through the Department of Justice and Community Safety to provide grants of legal assistance under this guideline. Funding for the scheme is separate to the general Legal Aid Fund.
Documentary requirements
Applications under this guideline are normally only within the 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 reference to guideline 15, and
- the lawyer’s assessment of how the matter meets the State Reasonableness Test.
Costs payable
Magistrates Court
| Service/Proceeding | Fee Payable | Uplift if a third party makes submissions |
|---|---|---|
| Preparation including reviewing brief, preparation of confidential statement affidavit | $454 | $680 |
| Preparation for hearing | $454 | $680 |
| Daily appearance fee | $454 | $680 |
County Court
| Service/Proceeding | Fee Payable |
|---|---|
| Preparation including reviewing brief, preparation of confidential statement affidavit | $528 (up to 3 hours) |
| Preparation for hearing | $528 (up to 3 hours) |
| Daily appearance fee | $1717 for first day and $598 for subsequent days |
Supreme Court
| Service/Proceeding | Fee Payable |
|---|---|
| Preparation including reviewing brief, preparation of confidential statement affidavit | $2380 (up to 8.5 hours) |
| Preparation for hearing | $2380 (up to 8.5 hours) |
| Daily appearance fee | $2344 for first day and $939 for subsequent days |
Disbursements
| Services Provided | Fees Paid |
|---|---|
| Psychologist Assessment and Report | $698 |
| Supplementary Report | $390 |
| Psychiatrist Assessment and Report | $796 |
| Supplementary Report | $491 |
| Attending court, including travel: half day | $632 |
| Attending court, including travel: full day | $932 |
Travel
Where a lawyer appears in the hearing of a Confidential Communications and Protected Health Information case in the relevant Court which is more than 40 kilometres from the lawyer’s usual place of business, a travelling fee may be paid.
This fee is calculated at the rate of 80 cents per kilometre for each kilometre of the return trip in excess of 80 kilometres, and is paid as a disbursement. VLA will pay $174 for every necessary overnight stay in the town.
Updated