6 – State family guidelines

6 – State family guidelines

State family 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) (State family guideline 1)
    • an appeal against Interim Accommodation Order in the Children’s Court (Family Division) (State family guideline 3)
    • an internal review of a case planning decision made by DHHS (State family guideline 4)
    • an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision (State family guideline 4)
    • to initiate or respond to an application to revoke a protection order in the Children’s Court (Family Division) (State family guideline 5)
    • to respond to an appeal from a final decision of the Children’s Court (Family Division) or of the County Court (State family guideline 6)
    • to respond to an application for judicial review of a decision of the Children’s Court (Family Division), County Court or VCAT (State family 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 (State family guideline 2)
    • an appeal against Interim Accommodation Order in the Children’s Court (Family Division) (State family guideline 3)
    • an internal review of a case planning decision made by DHHS (State family guideline 4.1)
    • an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision (State family Guideline 4.2)
    • to initiate or respond to an application to revoke a protection order in the Children’s Court (Family Division) (State family guideline 5)
    • to respond to an appeal from a final decision of the Children’s Court (Family Division) or of the County Court (State family guideline 6)
    • to respond to an application for judicial review of a decision of the Children’s Court (Family Division), County Court or VCAT (State family guideline 7)

Other matters – special circumstances

If a person seeks a grant of legal assistance from VLA for family proceedings which are outside the State family guidelines, then VLA may make a grant of legal assistance only if the person meets both:

Further information

The notes provide guidance on how the Commonwealth family law and child support 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 State family law worksheets which guide lawyers through the eligbility criteria and the documentary requirements that apply.

The notes are embedded throughout the guidelines.