Child protection matters are applications under the Children, Youth and Families Act 2005 sometimes known as:
- protection applications
- Department of Families, Fairness and Housing (DFFH) proceedings
- Children's Court (Family Division) proceedings.
Victoria Legal Aid (VLA) may make a grant of legal assistance to a person in relation to a state family matter under Victorian law if:
- the matter is a state family matter within the Child protection guidelines
- usually, VLA considers the person cannot afford the full cost of private legal services (the means test).
If the matter, the proceedings and the person meet these threshold requirements, then VLA will make a grant of legal assistance to respond to an application in the Children's Court (Family Division) if VLA considers that:
- it is reasonable to make a grant of legal assistance, after having taken into account all relevant matters (the State reasonableness test)
and - the matter is likely to terminate in favour of the applicant.
Child protection guidelines
The Child protection guidelines set out the conditions under which a grant of legal assistance made be made for the following matters:
- a child:
- involved in a case in the Children's Court (family division), including an Interim Accommodation Order appeal to the Supreme Court
- an internal review of a case planning decision made by DFFH
- an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision
- to respond to an appeal from a final decision of the Children’s Court (family division) or of the County Court
- to respond to an application for judicial review of a decision of the Children's Court (family division), County Court or VCAT.
- a parent, guardian or other interested person:
- involved in a case in the Children's Court (family division), including an Interim Accommodation Order appeal to the Supreme Court
- an internal review of a case planning decision made by DFFH
- an application to Victorian and Administrative Tribunal (VCAT) for external review of a case plan decision
- to respond to an appeal from a final decision of the Children's Court (family division) or of the County Court
- to respond to an application for judicial review of a decision of the Children's Court (family division), County Court or VCAT.
Updated