6 – State family guidelines

State family matters are applications under the Children, Youth and Families Act 2005. Under the State family guidelines Victoria Legal Aid (VLA) may make a grant of legal assistance to:

• a child in proceedings in the Family Division of the Children’s Court (State family guideline 1)
• a person such as a parent, guardian or other interested person involved in proceedings in the Family Division of the Children’s Court if that person did not make the application and the matter otherwise satisfies that guideline (State family guideline 2).

Other matters: special circumstances

If a person seeks a grant of legal assistance from VLA for family proceedings in the Children’s Court or an appeal in the County Court or Supreme Court which is excluded by 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.