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)

• 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)

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:

• the means test (if relevant) and the State reasonableness test
• any of the State’s special circumstances.

Further information

Information to assist practitioner with the grants and application process and documentary requirements is set out in Notes on the guidelines – state family guidelines