Table of contents
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Table of contents
- 1 – Introduction
- 2 – Types of matters that may be assisted
- 3 – Criminal law guidelines
- 4 – Commonwealth family law and child support guidelines
- 5 – Commonwealth civil law guidelines
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6 – State family guidelines
- Guideline 1 – child involved in a case in the Family Division of the Children’s Court
- Guideline 2 – parent, guardian or other interested person involved in a case in the Family Division of the Children’s Court
- 7 – State civil law guidelines
- 8 – Standard grants assessment process
- 9 – Simplified grants assessment process
- 10 – Referral and practitioner panels
- 11 – Means test
- 12 – Commonwealth merits test
- 13 – State reasonableness test and interests of justice test
- 14 – Special circumstances
- 15 – Applying for a grant of legal assistance
- 16 – Decision to grant or refuse assistance
- 17 – Reconsideration and review of decisions
- 18 – Standard terms and conditions
- 19 – Contributions and overdue payments
- 20 – Abandoning legal assistance
- 21 – Finalising grants of legal assistance
- 22 – Allocation of work to lawyers and law firms
- 23 – Payments to lawyers and service providers
- 24 – Compliance reviews
- 25 – Privacy protection
- 26 – Complaints and feedback
- Topic index
- Invoices, worksheets and forms
- Contact us
Guideline 1 – child involved in a case in the Family Division of the Children’s Court
VLA may make a grant of legal assistance to a child who is the subject of an application in the Family Division of the Children’s Court if they are mature enough to give instructions.
How does VLA assess the child’s maturity?
Children who are seven years old or more
VLA will generally consider that a child aged seven or older is mature enough to give instructions.
Children who are less than 7 years old
VLA will also consider that a child under 7 years of age is mature enough to give instructions if this has been determined by either:
- the magistrate hearing the matter
- the Department of Human Services
- the Children’s Court duty lawyer employed or accredited by VLA.
VLA does not apply the means test to:
- the child
or - any financially associated person of the child.
Documentary requirements
Applications under this guideline are within the simplified grants assessment process or the standard grants assessment process.
Application form signature
An application for a grant of legal assistance for a child can be signed by one of the child's parents. If the child is on a guardianship order, it can be signed by a representative of the Department of Human Services.
Standard grants assessment process
Lawyers or other applicants seeking a grant of legal assistance via the standard grants assessment process should forward all of the following documents to VLA for assessment:
- a completed VLA application form
- a copy of any protection, breach, variation or irreconcilable differences application
- a copy of any report
- an indication of the orders sought by the parties
- relevant proof of means.
Simplified grants assessment process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit a completed simplified VLA application form and a Children's Court (Family Division) checklist only after ensuring that the following documents are retained on file unless they are requested by VLA for assessment:
- a copy of any protection, breach, variation or irreconcilable differences application
- a copy of any report
- an indication of the orders sought by the parties
- copies of any orders made
- if the child is younger than 7 years of age, then the lawyer’s assessment of how the child is mature enough to provide instructions.
Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.