Victoria Legal Aid

Child Protection Panel individual entry requirements

Child Protection Panel individual entry requirements (accessible version)

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This document outlines the requirements for private legal practitioners to be approved as Panel Certifiers on the section 29A Child Protection Panel.

Practitioners must meet both the general individual entry requirements and the specific individual entry requirements to be approved as Panel Certifiers on the Child Protection Panel.

Firms employing the practitioner must meet the firm entry requirements. The Section 29A panels firm entry requirements can be found on the panels page of VLA’s website(

General individual entry requirements

These entry requirements must be read in conjunction with the assessment guidelines (general individual requirements) on page 2, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the requirements.

To be approved as a Panel Certifier the practitioner must meet the following requirements:

Practising certificate

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Misconduct

G2The practitioner must disclose:

aAny findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

bAny current or ongoing complaints or investigations into professional misconduct or unsatisfactory professional conduct being handled by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

cAny findings of guilt for any criminal offences other than infringements

Assessment guidelines (general individual entry requirements)

The assessment guidelines are a guide to how the general individual entry requirements will be assessed by Victoria Legal Aid.

Requirements are assessed as follows:

Practising certificate

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

Practitioner declaration.

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Practitioner declaration.

Misconduct

G2The practitioner must disclose:

aAny findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

Practitioner declaration. When assessing any finding VLA will consider whether the conduct:

  • indicates ‘a material risk of harm to [legal aid] consumers of legal services’
  • undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

bAny current or ongoing complaints or investigations into professional misconduct or unsatisfactory professional conduct being handled by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

Practitioner declaration. When assessing any complaint or investigation VLA will consider whether the conduct:

  • indicates ‘a material risk of harm to [legal aid] consumers of legal services’
  • undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

The application may not be processed until the matter has been determined.

cAny findings of guilt for any criminal offences other than infringements

Practitioner declaration. When assessing any finding VLA will consider whether the conduct:

  • indicates ‘a material risk of harm to [legal aid] consumers of legal services’
  • undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust.

VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’.

(Quoted material from the Legal Services Board’s RRP 017 Fit and Proper Person Policy – V2, Dec 2011.)

Child Protection Panelindividual entry requirements

These entry requirements are divided into three pathways. The practitioner must choose one entry pathway and be able to meet all requirements for that pathway.

These entry requirements must be read in conjunction with assessment guidelines (Child Protection Panel) on page5, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the entry requirements and provide essential information to guide responses.

To be approved as a level one Panel Certifier, a practitioner must:

Entry pathway A

A1Have at least 5 years recent experience with at least 30% of a fulltime workload representing families in child protection matters in the Family Division of the Children’s Court

A2Submit 2 complex files legally finalised within the last 12months, including:

aat least one acting on behalf of a parent with a mental illness or intellectual disability

bat least one acting on behalf of a child or young person

cat least one involving an interim submissions contest

and include a written outline for each matter describing the issues involved in the matter

A3Submit a written outline of 1 legally aided alternative dispute resolution (ADR) attendance

A4Submit 2 written outlines describing how the practitioner interviewed and took instructions from:

athe parent client in the file submitted for requirements A2a

bthe child client in the file submitted for requirements A2b.

Written outlines must also cover how the practitioner assessed the client’s capacity to provide legal instruction.

The information and notes on the file must corroborate the written outline

A5Have a Working with Children Check

Entry pathway B

B1Be a LIV Accredited Specialist in children’s law

B2Submit 1 complex file legally finalised within the last 12 months

B3Have a Working with Children Check

To be approved as a level two Panel Certifier, a practitioner must:

Entry pathway C

C1Have at least 2 years recent experience, with at least 30% of a fulltime workload representing families in child protection matters in the Family Division of the Children’s Court

C2Submit 2 complex files legally finalised within the last 12months, including:

aat least one acting on behalf of a parent with a mental illness or intellectual disability

bat least one acting on behalf of a child or young person

and include a written outline for each matter describing the issues involved in the matter.

C3Submit a written outline of 1 legally aided alternative dispute resolution (ADR) attendance

C4Submit 2 written outlines describing how the practitioner interviewed and took instructions from:

athe parent client in the file submitted for requirements C2a

bthe child client in the file submitted for requirements C2b

Written outlines must also cover how the practitioner assessed the client’s capacity to provide legal instruction.

The information and notes on the file must corroborate the written outline.

C5Have a Working with Children Check

Assessment guidelines (Child Protection Panel individual entry requirements)

The assessment guidelines are a guide to how the Child Protection Panel individual entry requirements will be assessed by Victoria Legal Aid.

Requirements for level one are assessed as follows:

Entry pathway A

A1Have at least 5 years recent experience with at least 30% of a fulltime workload representing families in child protection matters in the Family Division of the Children’s Court

Practitioner declaration.

A2Submit 2 complex files legally finalised within the last 12months, including:

aat least one acting on behalf of a parent with a mental illness or intellectual disability

bat least one acting on behalf of a child or young person

cat least one involving an interim submissions contest

and include a written outline for each matter describing the issues involved in the matter

A matter must achieve at least 6 points on the child protection complexity guide to be deemed complex.

The practitioner must complete the complexity guide for each complex file.

Written outlines must expand on the factors identified on the complexity guide and must describe:

  • the issues involved in the matter
  • how the practitioner handled those issues
  • any social science issues that were relevant to the matter (listed below)
  • how the practitioner applied or engaged with those issues.

Maximum 1,000 words.

When assessing files and written outlines VLA will look for:

  • (in cases involving a child or young person) evidence that the practitioner has
  • assessed the child or young person’s capacity to provide instructions, where relevant
  • explained the lawyer’s role in child protection proceedings
  • communicated the rules surrounding confidentiality
  • evidence that the practitioner has identified, or is capable of identifying, the interplay between protective intervention and basic social science issues, which may include
  • theories of attachment and bonding
  • resilience
  • cumulative harm
  • emotional harm
  • consequences of out of home care
  • the over-representation of intellectually disabled parents
  • the importance of religious or cultural background
  • social science based legal principles, such as the Aboriginal Child Placement Principle
  • evidence of client care, including assessment of other legal and non-legal problems, where appropriate, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
  • presence of all key documents
  • quality of work done

good file management.

A3Submit a written outline of 1 legally aided alternative dispute resolution (ADR) attendance

Outline must address how the practitioner assisted the client before, during and after the attendance and quote the ATLAS reference number.

When assessing responses VLA will look for evidence that the practitioner understands:

  • the practitioner’s role in the ADR process
  • the broader role and purpose of alternative dispute resolution in the Family Division of the Children’s Court.

Maximum500 words.

A4Submit 2 written outlines describing how the practitioner interviewed and took instructions from:

athe parent client in the file submitted for requirements A2a

bthe child client in the file submitted for requirements A2b.

Written outlines must also cover how the practitioner assessed the client’s capacity to provide legal instruction.

The information and notes on the file must corroborate the written outline

Written outlines must describe:

  • the instructions obtained from the client, including
  • the method used to assess the client’s capacity to provide legal instruction
  • the types of questioning used when assessing capacity and seeking instructions
  • the advice provided to the client
  • the outcome of that day’s court event
  • any ethical issues involved, and how the practitioner handled them.

Maximum 1,000 words.

When assessing written outlines VLA will look for how well the practitioner:

  • identified and handled relevant ethical issues when interviewing the client
  • assessed the client’s cognitive and emotional function
  • assessed the client’s capacity to understand proceedings and provide instructions
  • conducted the interview with the client, taking into account the client’s circumstances (for example, age, cognitive function, emotional function, intellectual disability etc.)
  • Identified and handled specific procedural and legal issues relevant to the Family Division of the Children’s Court

Information on the file must corroborate the written outline.

A5Have a Working with Children Check

Practitioner declaration.

Entry pathway B

B1Be a LIV Accredited Specialist in children’s law

Practitioner declaration. VLA may seek confirmation from the LIV Specialist Accreditation Board.

B2Submit 1 complex file legally finalised within the last 12 months

A matter must achieve at least 6 points on the child protection complexity guide to be deemed complex.

The practitioner must complete the complexity guide forthe complex file.

When assessing files VLA will look for:

  • evidence of client care, including assessment of other legal and non-legal problems, where appropriate, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
  • presence of all key documents
  • quality of work done
  • good file management.

B3Have a Working with Children Check

Practitioner declaration.

Requirements for level two are assessed as follows:

Entry pathway C

C1Have at least 2 years recent experience, with at least 30% of a fulltime workload representing families in child protection matters in the Family Division of the Children’s Court

Practitioner declaration.

C2Submit 2 complex files legally finalised within the last 12months, including:

aat least one acting on behalf of a parent with a mental illness or intellectual disability

bat least one acting on behalf of a child or young person

and include a written outline for each matter describing the issues involved in the matter.

A matter must achieve at least 3 points on the child protection complexity guide to be deemed complex.

The practitioner must complete the complexity guide for each complex file.

Written outlines must expand on the factors identified on the complexity guide and must describe:

  • the issues involved in the matter
  • how the practitioner handled those issues.

Maximum 750 words.

When assessing files and written outlines VLA will look for:

  • (in cases involving a child or young person) evidence that the practitioner has
  • assessed the child or young person’s capacity to provide instructions, where relevant
  • explained the lawyer’s role in child protection proceedings
  • communicated the rules surrounding confidentiality
  • evidence of client care, including assessment of other legal and non-legal problems, where appropriate, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
  • presence of all key documents
  • quality of work done
  • good file management.

C3Submit a written outline of 1 legally aided alternative dispute resolution (ADR) attendance

Outline must address how the practitioner assisted the client before, during and after the attendance and quote the ATLAS reference number.

When assessing responses VLA will look for evidence that the practitioner understands:

  • the practitioner’s role in the ADR process
  • the broader role and purpose of alternative dispute resolution in the Family Division of the Children’s Court.

Maximum500 words.

C4Submit 2 written outlines describing how the practitioner interviewed and took instructions from:

athe parent client in the file submitted for requirements C2a

bthe child client in the file submitted for requirements C2b

Written outlines must also cover how the practitioner assessed the client’s capacity to provide legal instruction.

The information and notes on the file must corroborate the written outline.

Written outlines must describe:

  • the instructions obtained from the client, including
  • the method used to assess the client’s capacity to provide legal instruction
  • the types of questioning used when assessing capacity and seeking instructions
  • the advice provided to the client
  • the outcome of that day’s court event
  • any ethical issues involved, and how the practitioner handled them.

Maximum 1,000 words.

When assessing written outlines VLA will look for how well the practitioner:

  • identified and handled relevant ethical issues when interviewing the client
  • assessed the client’s cognitive and emotional function
  • assessed the client’s capacity to understand proceedings and provide instructions
  • conducted the interview with the client, taking into account the client’s circumstances (for example, age, cognitive function, emotional function, intellectual disability etc.)
  • Identified and handled specific procedural and legal issues relevant to the Family Division of the Children’s Court

Information on the file must corroborate the written outline.

C5Have a Working with Children Check

Practitioner declaration.

Complexity guide

Issue:

Representing a child for whom a capacity assessment was required due to age, concerns raised by Department of Human Services (DHS) or the impact of trauma or disability (2 points)

A submissions contest regarding placement (6 points)

An evidence based interim accommodation order (IAO) contest (3 points)

A client with mental health, behavioural disorders, intellectual disability or acquired brain injury issues that make taking instructions and explaining legal and procedural concepts difficult (2 points)

A Children’s Court Clinic assessment (2 points)

A Conciliation Conference (2 points)

A matter resolved at or after a Conciliation Conference with DHS withdrawing (3 points)

DHS file subpoenaed and inspected (1 point)

Complex medical, DNA, identification or other forensic evidence (3 points)

An issue under the Victorian Charter of Human Rights and Responsibilities Act 2008 (3 points)

A contested hearing with a duration of 2 days or more (3 points)

A contested hearing involving legal argument about the impact of cumulative harm or emotional harm, where no expert is called to counter the DHS assessment (2 points)

A contested hearing involving legal argument about the impact of cumulative harm or emotional harm, where an expert is called in opposition to DHS (2 points)

An application for a therapeutic treatment order (TTO) or a therapeutic treatment placement order (TTPO) (3 points)

Application of the Aboriginal Child Placement Principle (2 points)

A matter where the parent regained or retained custody of the child (3 points)

Application involving a litigation guardian where you appeared as agent for Office of Public Advocate (3 points)

Application where you appeared as ICL (3 points)

Any other matter/s that create complexity – reasons to be provided (points allocated by VLA assessor)