Victoria Legal Aid

Family Violence Panel individual entry requirements

Family Violence Panel individual entry requirements

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

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

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 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:

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

b.Any 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

c.Any findings of guilt for any criminal offences other than infringements

Engagement and interaction

G3The practitioner must conduct practice professionally and appropriately

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:

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

Practitioner declaration.

dHave 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.)

Engagement and interaction

G3The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLA Panel Selection Committee members’ personal knowledge of the applicant, stakeholder feedback, information from internal and/or publicly available records and any other matters deemed relevant.

Consideration will be given to the practitioner’s:

  • dealings with clients, other legal professionals, service providers, the judiciary and other relevant parties
  • complaints records
  • Compliance records, where relevant
  • previous dealings and relationship with VLA, where relevant

Family Violence 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 (Family Violence Panel) on page4, 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 Panel Certifier, a practitioner must:

Entry pathway A

A1Have 2 years recent experience predominantly practising in at least one of VLA’s relevant practice areas

A2Have had carriage of at least 10 intervention order matters in the Magistrates’ Court within the last 24 months and submit a written outline of how the practitioner prepared 1 of these intervention order matters for contested hearing

A3Submit a written outline of 1 family violence intervention order matter that the practitioner has had carriage of within the last 24 months, which has impacted on, or been relevant within, a family law or child protection matter that the client was also involved in

The outline must also address how the practitioner tailored the orders to suit the client’s specific circumstances

A4Have completed at least 3 CPD points covering child-related family law topics, within the last 12 months

OR

Have completed Common Risk Assessment Framework training within the last 36 months

Entry pathway B

B1Be a LIV Accredited Specialist in family law or children’s law

Entry pathway C

C1Be a Panel Certifier on the Family Law Panel, Child Protection Panel or Independent Children’s Lawyer Panel

Assessment guidelines (Family Violence Panel individual entry requirements)

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

Requirements are assessed as follows:

Entry pathway A

A1Have 2 years recent experience predominantly practising in at least one of VLA’s relevant practice areas

Practitioner declaration. VLA may check internal records, where possible.

Relevant practice areas are:

  • family law
  • family violence
  • child protection
  • criminal law
  • Independent Children’s Lawyer matters
  • migration law
  • Commonwealth entitlement matters
  • equality matters
  • social inclusion matters
  • mental heath and disability advocacy.

Predominant practice in one of VLA’s practice matter types can be demonstrated by the practitioner being on another s29A panel, or by having 30% of a fulltime workload involving work from that practice area. Work in the area does not necessarily have to be legally aided.

A2Have had personal carriage of at least 10 intervention order matters in the Magistrates’ Court within the last 24 months and submit a written outline of how the practitioner prepared 1 of these intervention order matter for contested hearing

Intervention order matters may be either civil intervention order matters and/or defence of criminal charges for breach of intervention order, and can include:

  • family violence intervention order matters
  • personal safety intervention order matters (these must not account for more than 5 of the 10 matters)
  • acting for the accused in criminal breach of intervention order proceedings.

The matter must have been prepared for contested hearing, but may have been resolved before the contested hearing occurs

Carriage of at least 10 intervention order matters in the last 24 months is assessed on the basis of a practitioner declaration.

The written outline must include the file reference number. When assessing written outlines VLA will look for how well the practitioner:

  • prepared for the hearing or prepared counsel for the contested hearing
  • considered and made appropriate referrals, where appropriate (including reasons for choosing the referral service)
  • prepared submissions or enabled counsel to prepare submissions, where required

VLA reserves the right to request the file as part of assessment and would expect the information on the file to corroborate the written outline.

A3Submit a written outline of 1 family violence intervention order matter that the practitioner has had personal carriage of within the last 24 months, which has impacted on, or been relevant within, a family law or child protection matter that the client was also involved in.

The outline must also address how the practitioner tailored the orders to suit the client’s specific circumstances

The practitioner does not need to have had carriage of the family law or child protection matter.

When assessing written outlines VLA will look for the practitioner’s knowledge of:

  • the types of situations that can impact on a family law or child protection matter
  • the interaction between family violence intervention orders and Commonwealth parenting orders
  • the interaction between family violence intervention orders and Children’s Court orders
  • how family violence intervention orders are considered as part of Commonwealth parenting disputes
  • how family violence intervention orders are considered as part of Children’s Court proceedings
  • how inconsistencies between family violence intervention orders and Commonwealth parenting orders and/or Children’s Court orders can be managed or taken into account
  • the Magistrates’ Court’s power to suspend or vary Commonwealth parenting orders
  • common exceptions to family violence intervention orders that enable time with children to continue in accordance with Commonwealth parenting orders, child protection orders or written agreements

The practitioner must provide a file reference number. VLA reserves the right to request the file as part of assessment and would expect the information on the file to corroborate the written outline.

A4Have completed at least 3 CPD points covering child-related family law topics, within the last 12 months

OR

Have completed Common Risk Assessment Framework training within the last 36 months

Practitioner must submit a declaration outlining the CPD completed.The practitioner must provide details of the CPD or training, including the:

  • topic
  • event
  • date of training
  • provider organisation.

Relevant CPD topic areas include (but are not limited to):

  • family law, parenting and children’s disputes
  • child development and family law
  • family law and family violence
  • topics related to independent children’s lawyers
  • the impact of criminal matters on family law matters.

The practitioner must explain the relevance of any CPD completed in a topic area not on the list above.

Entry pathway B

B1Be a LIV Accredited Specialist in family law or children’s law

Practitioner declaration. VLA may seek confirmation from the Law Institute of Victoria, where necessary.

Entry pathway C

C1Be a Panel Certifier on the Family Law Panel, Child Protection Panel or Independent Children’s Lawyer Panel

Practitioner declaration. VLA may check internal records.

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