Guideline 4.1 – internal review of case plan decisions – DFFH
4.1.1 – Victoria Legal Aid (VLA) may provide a grant of legal as sistance for a child or parent to be represented in the internal review of a case planning decision made by the DFFH, where:
- there is a current family reunification order
and - DFFH are proposing a case plan that does not support reunification
and - there are reasonable prospects of the case plan being changed by the DFFH
and - there is a reasonable prospect of reunification within the legislated timeframe.
4.1.2 – VLA may provide a grant of legal assistance for a child to be represented in the internal review of a case planning decision made by the DFFH, where:
- a case plan review is sought under s305(2)(a) of the Children, Youth and Families Act 2005 there is a current Protection Order placing the child out of the parents’ care
- and
- there are reasonable prospects of demonstrating that the child's placement is not in the best interests of the child or is inconsistent with the need to protect the child from harm or to protect his or her rights and to promote his or her development
and - there is a reasonable prospect of an alternative feasible placement.
Guideline 4.2 – external review of case plan decisions (VCAT)
4.2.1 – VLA may provide a grant of legal assistance for a child or parent to be represented in an application to VCAT for external review of a case planning decision made by the DFFH, wher e:
- there is a current family reunification order
and - there has been an unsuccessful internal review of a case plan
and - there are reasonable prospects of the case plan being changed by VCAT
and - there is a reasonable prospect of reunification within the legislated timeframe.
4.2.2 – VLA may provide a grant of legal assistance for a child to be represented in an application to VCAT for external review of a case planning decision made by the DFFH, where:
- there is a current Protection Order placing the children out of the parents’ care
and - there has been an unsuccessful internal review of a case plan
- and
- there are reasonable prospects of a VCAT decision that finds that the child's placement is not in the best interests of the child or is inconsistent with the need to protect the child from harm or to protect his or her rights and to promote his or her development
and - there is a reasonable prospect of an alternative feasible placement.
Documentary requirements
Information to assist lawyers with the grants application and assessment process and documentary requirements is set out under the relevant guideline in Simplified Grants Process: Notes on the Guidelines.
Simplified grants assessment process
Grants to seek an internal review of a case planning decision can be submitted via the simplified grants assessment process and must be submitted on ATLAS only after ensuring that the documents set out under the relevant guideline in Simplified Grants Process: Notes on the Guidelines are retained on file (unless they are requested by VLA for assessment).
Grants to seek an external review of a case planning decision in VCAT are submitted by way of an extension on the substantive grant (where the internal review was legally aided) or by way of a new grant (where the internal review was not legally aided). These applications are VLA assessed. Lawyers seeking a grant of legal assistance must submit an application via ATLAS, uploading the appropriate documents set out under the relevant guideline in Simplified Grants Process Notes on the Guidelines and retaining on file the remaining documents set out in the notes.
Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.
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