Guideline 6a – personal safety intervention order cases

6a.1 – applicants

Victoria Legal Aid (VLA) may make a grant of legal assistance to an applicant seeking an intervention order under the Personal Safety Intervention Orders Act 2010 (the Act) if all of the following apply:

• the applicant is aged 18 years or older
• the matter is listed for a contested hearing
• the applicant is more likely than not to succeed in obtaining an intervention order under the Act.

In determining whether the applicant is more likely than not to succeed, VLA will have regard to the definition of ‘stalking’ under section 10 of the Act.

VLA will not normally make a grant of legal assistance to an applicant (an affected person) where the application has been brought by the police. VLA expects an applicant to begin proceedings with the help of the police or a Magistrates’ Court registrar.

The merits of the application

As well as meeting the usual requirements of the State reasonableness test the application for a family violence protection order must not be frivolous, vexatious or in bad faith.

6a.1.1 – child applicants

VLA expects an applicant under the age of 18 years to be included in any application by an adult applicant.

VLA will make a grant of legal assistance to a child aged 14 years or older to bring an application for an intervention order under the Act where, either:

• the court has granted leave to the child to apply for an intervention order
• the child is included in an adult’s application for an intervention order, but the court decides that the child’s application should be heard separately.

6a.2 – respondents

VLA may make a grant of legal assistance to a respondent to oppose the making of an intervention order under the Act if:

• the respondent is aged under 18 years
  or
• the order would deprive the respondent of an important right (for example, it would exclude the respondent from their home)
  or
• the respondent is in custody as a result of the conduct alleged to constitute stalking under the Act
  and
• the respondent is more likely than not to succeed in contesting the making of an intervention order under the Act in the terms sought by the applicant.

Cross-applications for intervention orders

If the person applying for a grant of legal assistance is both the applicant and the respondent in an intervention order matter, then:

• if the person meets the guidelines for applicants but does not meet the guidelines for respondents, VLA will make a grant of legal assistance only for the application for an intervention order
• if the person meets the guidelines for respondents but does not meet the guidelines for applicants (because, for example, the application is merely vexatious), VLA will make a grant of legal assistance only to enable the person to respond to the application made against them
• VLA will only provide a single grant of legal assistance for a cross-application.

Proceedings for breach of an intervention order

If the person applies for a grant of legal assistance as a respondent in proceedings for breach of an intervention order, then VLA will assess the application under its Criminal law guidelines.

Applications by the respondent to appeal against an intervention order, or to apply to revoke an intervention order

If a respondent applies to appeal against the making of an intervention order, or to apply for its revocation, then this application cannot be the subject of a recommendation for assistance via the simplified grants assessment process. The applicant would need to apply via the standard grants assessment process and demonstrate there are special circumstances present.

Documentary requirements

Applications under this guideline are within the simplified grants assessment process or the standard grants assessment process.

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 application, complaint and interim order made
• if the person seeking a grant of legal assistance is a child, a copy of the court’s order granting leave for the child to apply (if this has been ordered)
• the lawyer's assessment of how the matter meets guideline 6a.1, 6a.1.1 or  6a.2
• reference to how the matter meets the State reasonableness test
• documentary proof of any State special circumstances
• 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 personal safety intervention orders checklist only after ensuring that the following documents are retained on file unless they are requested by VLA for assessment:

• a copy of any application, complaint and interim order made
• if the person seeking a grant of legal assistance is a child, a copy of the court’s order granting leave for the child to apply (if this has been ordered)
• the lawyer’s assessment of how the matter meets guideline 6a.1, 6a.1.1 or  6a.2
• documentary proof of any State special circumstances
• relevant proof of means.