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 – Public interest and strategic litigation
- 9 – Standard grants assessment process
- 10 – Simplified grants assessment process
- 11 – Referral and practitioner panels
- 12 – Means test
- 13 – Commonwealth merits test
- 14 – State reasonableness test and interests of justice test
- 15 – Special circumstances
- 16 – Applying for a grant of legal assistance
- 17 – Decision to grant or refuse assistance
- 18 – Reconsideration and review of decisions
- 19 – Standard terms and conditions
- 20 – Contributions and overdue payments
- 21 – Abandoning legal assistance
- 22 – Finalising grants of legal assistance
- 23 – Allocation of work to lawyers and law firms
- 24 – Payments to lawyers and service providers
- 25 – Compliance reviews
- 26 – Privacy protection
- 27 – Complaints and feedback
- Topic index
- Invoice, 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 the child is considered to be mature enough to provide instructions.
How does VLA assess the child’s maturity?
Children who are 10 years old or more
VLA will generally consider that a child aged ten or older is mature enough to give instructions.
Children who are less than 10 years old
VLA may provide assistance to a child under ten where:
- a Judicial officer considers the child is mature enough to provide instructions and refers the matter to VLA; and
- VLA considers it appropriate to provide assistance for the child.
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. Applications for children who are less than 10 years old must be referred to VLA for determination under 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 submit an application via ATLAS for assessment, and including all of the following documents:
- 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
- completed "Request for information following referral by Children's Court" form (for children who are less than 10 years old)
- relevant proof of means
Simplified grants assessment process
Lawyers seeking a grant of legal assistance via the simplified grants assessment process should submit an application via ATLAS, 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
Please note applications for children who are less than 10 years old can no longer be checklisted. Such applications must be submitted through standard grants assessment process only.
Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.