family law panel information package - victoria legal aid · private law practices (firms) that...

January 2019

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Family Law Panel information package

This information package contains essential information supporting the section 29A Family Law Panel.

The information package includes the following documents:

• Family Law Panel key information

• Section 29A panels firm entry requirements

• Family Law Panel individual entry requirements

• Family Law Panel frequently asked questions.

The Family Law Panel individual application form and Section 29A panels firm application form are

available from the Family Law Panel page of VLA’s website (www.legalaid.vic.gov.au/family-law-panel).

http://www.legalaid.vic.gov.au/family-law-panel

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Family Law Panel key information

Private law practices (firms) that wish to be included on the Family Law Panel must submit expressions

of interest by way of firm applications. Private legal practitioners (individuals) employed by a firm who

are seeking approval as Panel Certifiers must also apply, by submitting an individual application form.

This document provides interested firms and practitioners with practical information about:

• How to apply, including Entry requirements and Application forms

• When to apply

• Assessment of applications

• Conditions of panel membership

• Exemptions to entry requirements

• Definitions.

How to apply

There are two parts to the application process; one part relates to firm inclusion on the panel, and the

other part relates to individual practitioners employed by applicant firms who are seeking approval to

certify grants of legal assistance (Panel Certifier status).

To apply for panel membership a firm must be able to meet the firm entry requirements and must

submit a firm application form.

Membership of the Family Law Panel is by firm. Individual practitioners employed by the firm must

apply for approval as Panel Certifiers on the panel. The firm’s membership on this panel only becomes

effective once the firm application and at least one individual application have been approved. See

Panel membership model for more information.

To apply for approval as a Panel Certifier, a practitioner must submit an individual application form and

meet the individual entry requirements.

It is important to be familiar with the entry requirements, including the assessment guidelines

supporting the requirements and the contents of the information package before applying for the panel.

Application forms can be found on the Family Law Panel page of VLA’s website

(http://www.legalaid.vic.gov.au/family-law-panel).

Entry requirements

The Section 29A panels firm entry requirements outline the requirements for firms seeking inclusion on

any of VLA’s section 29A panels. The firm entry requirements are similar for each panel. Firms that can

meet the entry requirements for the Family Law Panel meet the requirements for most section 29A

panels.

The Individual entry requirements outline the requirements for individual practitioners seeking approval

as Panel Certifiers on the Family Law Panel. These entry requirements detail the general individual

requirements for all panel practitioners (regardless of which panel they are applying for) and the

specific skill and capacity requirements for individual practitioners undertaking legally aided family law

matters.

The assessment guidelines provided in each of these documents provide essential information about

how VLA will assess applicants against the entry requirements.

http://www.legalaid.vic.gov.au/information-for-lawyers/doing-legal-aid-work/panels/family-law-panel

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Firm and individual entry requirements can be found on the Family Law Panel page of VLA’s website


Practitioners who are not able to meet the Family Law Panel entry requirements may be eligible for an

exemption. See Exemptions to entry requirements for more information.

Practitioners who have been approved for the Independent Children’s Lawyer (ICL) Panel are

automatically eligible for Panel Certifier status on the Family Law Panel. This is because entry to the

ICL Panel includes assessment of specific skills and capacity necessary to handle family law matters

Application forms

Private law practices employing one or more private practitioner applicants must submit a completed

Section 29A panels firm application form. Only one firm application is required per firm regardless of

how many private practitioner applicants it employs.

Private legal practitioners employed by the firm who are seeking approval as Panel Certifiers must

each submit a completed Family Law Panel individual application form.

Application forms are available from the Family Law Panel page of VLA’s website


Forms must be completed electronically and submitted to [email protected]. Paper or faxed

applications will not be accepted.

For further information about the application form and process, please refer to the frequently asked

questions.

When to apply

Firms and private practitioners can apply at any time, as the Family Law Panel is continuously open.

Panel membership model

VLA’s model reflects that quality legal representation is influenced by both the skills and capacity of the

individual practitioners having carriage of matters and by the infrastructure, processes and tools a firm

has in place to support its practitioners to do their work well.

Panel membership is by firm, but the membership model includes a role for individual practitioners

within the firm who are offered Panel Certifier status. While all partners, directors and employees of a

member firm are also considered to be included on the panel, and can work on legally aided matters,

only Panel Certifiers within the firm can apply for grants of legal assistance.

As such, a firm’s membership is only active when practitioners employed by the firm have been

approved by VLA as Panel Certifiers.

The membership model includes up to three categories of practitioners within a member firm:

• level one Panel Certifiers – practitioners who demonstrate strength in the experience, skill

and capacity required

• level two Panel Certifiers – practitioners who demonstrate the experience, skill and capacity

required

• non-certifiers – practitioners who are not yet able to meet the entry requirements to be

Panel Certifiers and who are only eligible to work on legally aided family law matters under

the supervision of a Panel Certifier.



mailto:[email protected]

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Panel Certifier status is portable between employing firms. However, the employing firm must be a

member of the panel for the individual’s certification status to be active

Accountability

The firm retains overall accountability for the quality of all work delivered by the firm to legally aided

clients. Each certifier is accountable for the quality of work on matters they have certified, whether it is

done by themselves or by other members of the firm.

Assessment of applications

Applications are considered by the executive director, Legal Practice (EDLP).

VLA is currently reviewing the Section 29A Panels application process. Approvals for individual

certifiers will be for a maximum of 12 months. Approvals for firms may be up to five years.

Assessment process

Applications are assessed based on all materials provided, VLA’s knowledge of the applicant and

information from internal and publicly available records.

If the EDLP intends not to include an applicant firm, or not to offer Panel Certifier status to an applicant

practitioner, they will notify the applicant of this intention and outline the reasons and allow the applicant

to provide written submissions addressing the reasons, within a set timeframe, before a decision is

made.

Decisions

The EDLP (EDLP) makes the final decision.

Where the EDLP decides to not include an applicant firm, or to not offer Panel Certifier status to an

applicant practitioner, the EDLP will provide reasons for the decision in writing.

Review

VLA does not offer a review of its decision.

However, if refused, an applicant may reapply six months after receiving an unfavourable decision. This

is intended to allow the applicant enough time to address the reasons, concerns and issues

underpinning the unfavourable decision before reapplying.

Conditions of panel membership

Successful firm applicants will be offered a panel contract in the form of an Agreement, which sets out

the conditions of panel membership.

Successful individual applicants will be offered a certifier contract in the form of a Panel Certifier

Acknowledgement which sets out the conditions of approval as a Panel Certifier.

Overview of the specific conditions

Requirement of Section 29A of the Legal Aid

Act 1978

Specification

(3)(b)(i) Qualifications and experience that a

private law practice or private legal practitioner

included on the panel must have or the part of

Private law practice: Section 29A panels firm

entry requirements

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Requirement of Section 29A of the Legal Aid

Act 1978

Specification

the State within which their principal place of

practice must be located

Private legal practitioner: Family Law Panel

individual entry requirements

(3)(b)(ii) the period (not exceeding five years)

during which a private law practice or private

legal practitioners may be included on the panel

Private law practice: five years

Private legal practitioner Panel Certifier status:

12 months for new certifiers during Panels

Review Process

(3)(b)(iii) the basis on which payment will be

made to any private law practice or private legal

practitioner included on the panel for services

performed as a panel member on behalf of an

assisted person

As outlined on the Section 29A panels conditions

page www.legalaid.vic.gov.au/panels-conditions

(http://www.legalaid.vic.gov.au/panels-conditions)

and VLA Handbook for Lawyers

(http://handbook.vla.vic.gov.au/)

(3)(b)(iv) performance standards in relation to the

provision of services by panel members




(3)(b)(v) requirements with respect to the making

of reports to VLA and the keeping of records that

must be complied with by panel members in

respect of the performance of services on behalf

of assisted persons




(3)(b)(vi) the grounds on which, and process by

which, a private law practice or private legal

practitioner may be removed from the panel




Firm Panel Agreement

Each successful firm applicant will receive an electronic offer of inclusion along with Firm Panel

Agreement document.

The offer is deemed to be accepted once a firm’s certifier certifies the merits of an application for legal

assistance for the area of law in which the Firm Panel Agreement relates.

Panel Certifier Acknowledgement

Each successful individual applicant will receive an electronic offer of Panel Certifier status along with

the Panel Certifier Acknowledgement. The offer is deemed to be accepted once the applicant certifies

the merits of an application for legal assistance for the area of law in which they have been approved

as a certifier.

Exemptions to entry requirements

The entry requirements have been designed to cover the infrastructure, processes and tools (for firms)

and the experience, skills and capacity (for individuals) that VLA believes are essential for a firm and its

practitioners to be providing high quality services to legally aided clients.

http://www.legalaid.vic.gov.au/panels-conditions

http://handbook.vla.vic.gov.au/




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VLA recognises that some aspects of the individual entry requirements may be difficult for individual

practitioners to meet under some circumstances and in some rural areas. As such, VLA offers some

exemptions to the entry requirements for individuals.

Exemptions have been designed to allow some flexibility to the entry requirements to ensure adequate

regional coverage and ensure that good practitioners are not excluded unnecessarily, where granting

the exemption will not compromise the overall quality of representation for legal aid clients.

Exemptions are only available for individual practitioners. There are no exemptions for firm

requirements for the Family Law Panel.

VLA offers two types of exemptions:

• Common exemptions: available to all applicants who meet the eligibility criteria for that

exemption (though an application with a request for multiple common exemptions may be

considered unfavourably by VLA).

• Special circumstances exemptions: assessed on a case-by-case basis considering

relevant factors, including the need for geographic coverage. Special circumstances

exemptions are unique to individual applications and, as such, do not create a precedent for

other practitioners or future applications.

Family Law Panel common exemptions

Common exemptions are available for the Family Law Panel individual entry requirements.

Requirement A1

Aspect of requirement: five years recent experience.

Exemption eligibility: applicants who have had five years’ experience but not all the experience was

gained recently due to parental or other extended leave.

Exemption condition(s): must have had five years’ experience involving one or more of the factors

outlined in the entry requirements, including the equivalent of at least 30 per cent of a fulltime workload

in family law matters, within the previous seven years.

Alternative options: practitioners may be included at level two if they meet the entry requirements for

that level.

Requirements A3/D3

Requirement: appearances in different hearing types.

Exemption eligibility: rural applicants and applicants who have been on parental or other extended

leave.

Exemption condition(s): Practitioners must have carriage of, and personally appear in, at least five

matters involving different hearing types within 12 months of being offered Panel Certifier status.

Alternative options: practitioners can work under the supervision of a Panel Certifier until enough

matters have been undertaken before applying.

Requirements A5/B4/D5

Aspect of requirement: 12-month timeframe for RDM attendances covered by written outlines.

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leave.

This exemption can only be requested if the applicant has not had access to any RDM attendances

meeting the criteria within the 12-month period.

Exemption condition(s): practitioners must submit written outlines covering RDM attendances

meeting the criteria from within the last 24 months (A5 and D5) or have personally appeared in at least

one RMD attendance meeting the criteria in the last 24 months (B4).

Alternative options: practitioners can work under the supervision of a Panel Certifier until enough

matters have been undertaken before applying.

Requirement D1

Aspect of requirement: two years recent experience.

Exemption eligibility: applicants who have had two years’ experience but not all of the experience

was gained recently due to parental or other extended leave.

Exemption condition(s): must have had two years’ experience involving one or more of the factors

outlined in the entry requirements, including the equivalent of at least 30 per cent of a fulltime workload

in family law matters, within the previous three years.

Alternative options: practitioners can wait until they have gained sufficient experience to apply.

Requirement D4

Aspect of requirement: 12-month timeframe for matters.


leave.

Exemption condition(s): submit written outlines describing matters meeting the criteria that have been

legally finalised within the last 24 months.

Alternative options: practitioners can wait until they have gained sufficient experience to apply.

Special circumstances exemptions

Exemptions not listed as common exemptions will only be considered where special circumstances

exist.

Applicants who do not meet all the entry requirements but who are practising in a geographic area with

limited coverage by legal aid service providers are encouraged to apply for a special circumstances

exemption. See the frequently asked questions for more information.

If a special circumstances exemption is granted, VLA will stipulate the condition/s of the exemption.

Conditions for a special circumstance exemption will be decided on a case-by-case basis in

consultation with the applicant.

Requesting exemptions

Exemptions can be requested at part 4 of the Family Law Panel application form on the Family Law

Panel page on our website (http://www.legalaid.vic.gov.au/family-law-panel).

Before requesting an exemption, applicants are expected to self-assess whether they may be eligible.

To guide the self-assessment process applicants are expected to consider the following:

https://www.legalaid.vic.gov.au/information-for-lawyers/practitioner-panels/family-law-panel


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1. Is there a common exemption available for that requirement?

2. Am I eligible for that exemption?

3. If I am eligible, am I willing and able to accept and meet the conditions of the exemption?

Or, if I am not eligible, do special circumstances apply in my case?

If your self-assessment indicates that you are not eligible for an exemption, you should consider

whether you wish to apply for approval as a Panel Certifier on the panel at a later stage when you will

no longer require the exemption or, if special circumstances apply in your case, whether you wish to

apply for a special circumstances exemption.

For further information on exemptions please refer to the frequently asked questions.

Definitions

In this document:

Applicant: refers to a private law practice or private legal practitioner submitting an expression of

interest to be included (private law firm), or to be granted Panel Certifier status (private legal

practitioner), on the Family Law Panel.

Family Law Panel: refers to the Family Law Panel established on 1 November 2014.

Non-certifier: refers to an individual practitioner within a member firm who has not been approved to

certify grants of legal assistance.

Panel Certifier: refers to an individual practitioner within a member firm who has been approved to

certify grants of legal assistance.

Panel member: refers to a member firm and its staff.

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Section 29A panels firm entry requirements

This document outlines the requirements for a private law practice to be included on any of

Victoria Legal Aid’s section 29A practitioner panels.

A firm must be able to demonstrate, or provide further information about, its capacity to meet

any of the requirements listed below, if requested by Victoria Legal Aid.

Firm entry requirements

These entry requirements must be read in conjunction with assessment guidelines (firm entry

requirements), as the assessment guidelines expand on how Victoria Legal Aid will assess the firm’s

ability to meet the requirements.


To be included on the panel a firm must meet the following requirements:

Case management

1 The firm must have:

A An adequate system to record details of each practitioner’s open files

B An adequate diary system to record the key dates for each practitioner’s open files

C An adequate system in place to generate reports on legal aid files

D An adequate system in place to identify the location of a file

E A secure place to store files

F Financial management structures in place to enable practitioners to invoice legally aided

matters in a timely manner

Supervision

Please note: supervision requirements do not apply to firms that are solely members of the Independent Children’s Lawyer Panel because ICLs are not able to delegate work.

2 The firm must have an adequate system in place to:

A Ensure that practitioners and staff have the appropriate education, training, skills and

experience to do legal aid work competently

B Regularly review and consider practitioners’ caseload to ensure that it is manageable

C Enable certifiers to adequately supervise work done on their files by anyone other than

themselves

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Conflict

3 The firm must demonstrate active compliance with the Australian Solicitors’ Conduct Rules

2015, made under the Legal Profession Uniform Law and have:

A An adequate system in place to enable practitioners to check for conflict of interest

B Adequate arrangements in place to enable practitioners to avoid conflict of interest

where the practitioner’s own interest is involved

Client care


A An adequate infrastructure to provide a private environment for clients

B An internal complaints management process in place

LIV Accredited Specialist

Note: this requirement only applies to firms seeking inclusion on the Indictable Crime Panel

5 The firm must have at least one level one Panel Certifier who is also a LIV Accredited

Specialist in criminal law on its staff

Professional business conduct

6 The firm must conduct business in an appropriate and professional manner

Assessment guidelines (firm entry requirements)

These assessment guidelines are a guide to how the firm entry requirements will be assessed by

Victoria Legal Aid.

Assessment guidelines (firm entry requirements)

Requirements are assessed as follows:

Case management


A An adequate system to record details of each practitioner’s open files

Firm declaration. The firm must be able to demonstrate that it monitors that system

information is up-to-date and securely backed up, and that all backups are stored at a

secure external location.

To be considered adequate, the system must:

• enable relevant other members of the firm to access key information about open files without referring to the physical file

• be able to record all key information for each file, including the:

o name of the client

o ATLAS reference number

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o matter type by panel or subset panel

o next key date.

B An adequate diary system to record the key dates for each practitioner’s open files

Firm declaration. The firm must be able to demonstrate that it monitors that diary system

information is up-to-date and securely backed up.

To be considered adequate, the system must:

• enable relevant other members of the firm to access key dates for open files without referring to the physical file

• be able to record all key dates for each file, including

o all court dates

o other hearing dates

o conference appointments

o filing dates.

C An adequate system in place to generate reports on legal aid files

Firm declaration. To be considered adequate, the system must be able to generate:

o lists of legally aided files opened and/or closed from a specified date

o lists of the number and types of legally aided matters carried by each practitioner

o reports of final outcomes

o reports of barrister information.

D An adequate system in place to identify the location of a file

Firm declaration. To be considered adequate, the system must enable the firm to identify

the location of the file or produce the physical file within one hour. It is acceptable to take

longer to produce the file provided that the location is identified within one hour.

E A secure place to store files

Firm declaration. To be considered secure, the storage location must prevent

unauthorised access to files and protect the files from accelerated degradation.

F Financial management structures in place to enable practitioners to invoice legally aided

matters in a timely manner

Firm declaration. The support structures must allow practitioners to submit invoices to

VLA in accordance with VLA’s requirements.

Supervision

Note: supervision requirements do not apply to firms that are solely members of the Independent Children’s Lawyer Panel because ICLs are not able to delegate work.

2 The firm must have an adequate system in place to:

A Ensure that practitioners and staff have the appropriate education, training, skills and

experience to do legal aid work competently

Firm declaration. The firm must be able to demonstrate that relevant supporting tools or

documentation exist. For example:

• minutes or log of diary meetings

• records of regular case review meetings

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• training plans

• records of individual training.

B Regularly review and consider practitioners’ caseload to ensure that it is manageable

Firm declaration. The firm must be able to demonstrate that relevant supporting tools or

documentation exist. For example:

• minutes or log of diary meetings

• records of caseload review.

C Enable certifiers to adequately supervise work done on their files by anyone other than

themselves

Firm declaration. The firm must be able to demonstrate that relevant supporting tools,

documentation or structures exist. For example:

• records of engagement with supervised staff

• corporate culture to support supervision work.

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitors’ Conduct Rules

2015, made under the Legal Profession Uniform Law and have:

A An adequate system in place to enable practitioners to check for conflict of interest

Firm declaration. To be considered adequate, the system must be searchable by name

and contain appropriate secondary information that allows practitioners to verify entries

(for example address, date of birth, parents' names or other interested/related parties'

names).

B Adequate arrangements in place to enable practitioners to avoid conflict of interest where

the practitioner’s own interest is involved

Firm declaration. The firm must be able to demonstrate that either a process, policy or

system exists, or that records or file notes establishing a conflict, stating that the

practitioner has decided not to act and providing reasons for the conflict are kept.

Client care


A An adequate infrastructure to provide a private environment for clients

Firm declaration. The firm premises must allow for communicating and engaging with the

client in private.

Note: outreach services must have access to a professional private space unless exceptional circumstances exist.

B An internal complaints management process in place

Firm declaration. The firm must be able to demonstrate that the complaints handling

process allows the firm to:

• listen to the complainant

• record the complaint in some form of register

• investigate the complaint

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• decide on action to be taken

• notify the complainant.

LIV Accredited Specialist

Note: this requirement only applies to firms seeking inclusion on the Indictable Crime Panel

5 The firm must have at least one level one Panel Certifier who is also a LIV Accredited Specialist in

criminal law on its staff

Firm declaration.

Professional business conduct

6 The firm must conduct business in an appropriate and professional manner

This requirement will be assessed on the basis of VLA’s knowledge of the applicant,

stakeholder feedback and information from internal and publicly available records.

Consideration will be given to the firm’s:

• dealings with clients, other firms, service providers, legal professionals, the judiciary and other relevant parties

• complaints records

• Compliance records, where relevant

• previous dealings and relationship with VLA, where relevant.

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Family Law Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be approved as Panel

Certifiers on the section 29A Family Law 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 Law Panel.

Firms employing the practitioners must meet the firm entry requirements. The Section 29A panels

firm entry requirements can be found on the forms page of VLA’s website

(www.legalaid.vic.gov.au/firm-panel-forms).

General individual entry requirements

These entry requirements must be read in conjunction with assessment guidelines (general individual

requirements) as the assessment guidelines expand on how Victoria Legal Aid will assess the

practitioner’s ability to meet the requirements.

General individual entry requirements

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

Practising certificate

G1 The practitioner must:

a Maintain a current practising certificate without any condition or restriction that would limit

the practitioner’s ability to provide legal aid services

b Have held an appropriate practising certificate for the full period of the recent practising

experience disclosed on the application form

Misconduct

G2 The 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

G3 The practitioner must conduct practice professionally and appropriately

http://www.legalaid.vic.gov.au/information-for-lawyers/doing-legal-aid-work/panels/section-29a-panel-forms-for-firms

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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.

Assessment guidelines (general individual entry requirements)

Requirements are assessed as follows:

Practising certificate

G1 The practitioner must:

a Maintain a current practising certificate without any condition or restriction that would limit

the practitioner’s ability to provide legal aid services

Practitioner declaration.

b Have held an appropriate practising certificate for the full period of the recent practising

experience disclosed on the application form


Misconduct

G2 The 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

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’.

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

Practitioner declaration. When assessing any complaint or investigation VLA will consider

whether the conduct:





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

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

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

conduct:


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(Quoted material from the Legal Services Board’s RRP 017 Fit and Proper Person Policy

– V2, Dec 2011.)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLA’s 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.


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 Law Panel),

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

A1 Have at least five years recent experience undertaking family law work, the three most recent

of which must have included undertaking matters involving one or more of the factors

outlined in the assessment guidelines

A2 Have at least 30 per cent of a fulltime workload comprising family law matters

A3 Have had personal carriage of, and have appeared in, at least five matters involving different

hearing types in the last 12 months.

See the assessment guidelines for a list of hearing types

A4 Have had personal carriage of at least two family law matters legally finalised in the last 24

months including at least

one matter that was prepared for final hearing

a. one matter involving family violence

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and submit:

• (for matters that were prepared for final hearing) one affidavit and one of either Outline of Case, Summary of Argument or brief to counsel

• (if one matter was not prepared for final hearing) one affidavit and one of either brief to counsel or preparation and notes used for one hearing undertaken as part of the matter.

A5 Have personally appeared in at least one legally aided Roundtable Dispute Management

(RDM) attendance, or similar legally assisted family dispute resolution, in relation to

children’s care arrangements that involved a priority client in the last 12 months and submit a

written outline reflecting on how the practitioner conducted that appearance

A6 Have completed at least five CPD points covering family law, child development, family

violence or mental health topics in the last 24 months

Entry pathway B

B1 Fit one of the following categories:

B1a Be a LIV Accredited Specialist in family law

B1b Have completed Masters in Family Law

B2 Have at least three years recent experience involving one or more of the factors outlined in

the assessment guidelines

B3 Have had personal carriage of at least one family law matter that the practitioner prepared for

final hearing within the last 24 months and submit one affidavit and one outline of case or

summary of argument, or brief to counsel prepared as part of the matter

B4 Have personally appeared in at least one legally aided Roundtable Dispute Management


children’s care arrangements that involved a priority client in the last 12 months

B5 Have completed at least five CPD points covering family law, child development, family


Entry pathway C

C1 Be a member of the section 29A Independent Children’s Lawyer Panel

C2 Have completed at least five CPD points covering family law, child development, family


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

Entry pathway D

D1 Have at least two years recent experience undertaking family law work, including undertaking

matters involving one or more of the factors outlined in the assessment guidelines

D2 Have at least 20 per cent of a fulltime workload comprising family law matters

D3 Have had substantial and active involvement in at least five matters involving a variety of

different hearing types in the last 12 months, and have personally appeared at three of the

hearing types

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D4 Have had carriage of at least two family law matters in the last 12 months including at least

one matter involving family violence, and submit written outlines for each matter

D5 Have personally appeared in at least one legally aided Roundtable Dispute Management


children’s care arrangements that involved a priority client in the last 12 months and submit a

written outline reflecting on how the practitioner conducted that appearance

D6 Have completed at least five CPD points covering family law, child development, family


Assessment guidelines (Family Law Panel individual entry requirements)

The assessment guidelines are a guide to how the Family Law Panel individual entry requirements will

be assessed by Victoria Legal Aid.

Assessment guidelines (Family Law Panel individual entry requirements)

Requirements for level one are assessed as follows:

Entry pathway A

A1 Have at least 5 years recent experience undertaking family law work, the 3 most recent of which must

have included undertaking matters involving one or more of the factors outlined in the assessment

guidelines


The three most recent years of experience must have included undertaking matters that

involved one or more of the following factors:

• the client has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation

• the client experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation

• the client is experiencing homelessness

• the client identifies as an Indigenous Australian

• the client has experienced or is at risk of experiencing family violence

• a client whose child has experienced or is at risk of experiencing child abuse or family violence

• the client is illiterate

• the client has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents.

Matters may be either legally aided or privately funded.

A2 Have at least 30 per cent of a fulltime workload comprising family law matters


A3 Have had personal carriage of, and have appeared in, at least five matters involving different hearing

types in the last 12 months.

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See the assessment guidelines for a list of hearing types

The practitioner must have personally appeared in at least five of the following types of

hearings in the last 12 months

• duty list hearing

• interim hearing

• directions hearing

• docket hearing or case management hearing

• mention before a judge

• mention before a registrar

• first day of a less adversarial trial (LAT)

• a case assessment conference in the family court

• final hearing.


Practitioner must provide ATLAS reference numbers where the matters were legally aided.

VLA reserves the right to request the relevant file as part of assessment.

A4 Have had personal carriage of at least two family law matters legally finalised in the last 24 months

including at least

a. one matter that was prepared for final hearing

b. one matter involving family violence

and submit

• (for matters that were prepared for final hearing) one affidavit and one of either Outline of Case, Summary of Argument or brief to counsel

• (if one matter was not prepared for final hearing) one affidavit and one of either brief to counsel or preparation and notes used for one hearing undertaken as part of the matter.

When assessing affidavits and outlines of case, summaries of argument or briefs to counsel

VLA will look for:

• evidence of client care, including assessment of other legal or non-legal problems and any referrals made

• the practitioner’s understanding of relevant issues

• quality of work done.

Practitioner must provide ATLAS reference numbers where the matters were legally aided.

VLA reserves the right to request the relevant file/s as part of assessment.

A5 Have personally appeared in at least one legally aided Roundtable Dispute Management (RDM)

attendance, or similar legally assisted family dispute resolution, in relation to children’s issues that

involved a priority client in the last 12 months and submit a written outline reflecting on how the

practitioner conducted that appearance

A priority client is a person who meets one or more of the following criteria:

• has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation

• experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation

• is experiencing homelessness

• identifies as an Indigenous Australian

• has experienced or is at risk of experiencing family violence

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• whose child has experienced or is at risk of experiencing child abuse or family violence

• is illiterate

• has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents.

Written outlines should focus on how the factors that made the client a priority client, and the

child/ren’s age and stage of development, impacted on the way that the practitioner handled

the matter and how this was reflected in the agreement reached, and must cover:

• the factors that made the client a priority client

• why those factors were relevant to the matter

• how those factors and the child/ren’s age and stage of development were relevant to the best interests of the child/ren

• how those factors impacted and the child/ren’s age and stage of development on the way the practitioner handled the matter

• how the agreement reached reflects the practitioner’s consideration of those factors and the child/ren’s age and stage of development

• how the agreement reached, or proposals put, reflected the best interests of the child/ren.

Maximum 500 words.

Practitioner must provide the ATLAS reference number. VLA reserves the right to request

the relevant file and/or the RDM file as part of assessment.

A6 Have completed at least five CPD points covering family law, child development, family violence or

mental health topics in the last 24 months

The practitioner must provide details of the CPD, including the:

• event

• date of training

• provider organisation.

Entry pathway B

B1 Fit one of the following categories:

B1a Be a LIV Accredited Specialist in family law

Practitioner declaration. VLA may confirm with the Law Institute of Victoria, where

necessary.

B1b Have completed Masters in Family Law

Practitioner declaration. VLA may confirm with the relevant institution, where

necessary.

B2 Have at least three years recent experience undertaking matters involving one or more of the factors

outlined in the assessment guidelines


These three years of recent experience must have included undertaking matters that

involved one or more of the following factors:


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B3 Have had personal carriage of at least one family law matter that the practitioner prepared for final

hearing within the last 24 months and submit one affidavit and one outline of case or summary of

argument or brief to counsel prepared as part of the matter

When assessing affidavits and outlines case, summaries of argument or briefs to counsel

VLA will look for:




Practitioner must provide the ATLAS reference number. VLA reserves the right to request

the relevant file and/or the RDM file as part of assessment.

B4 Have personally appeared in at least one legally aided Roundtable Dispute Management (RDM)

attendance, or similar legally assisted family dispute resolution, in relation to children’s care

arrangements that involved a priority client in the last 12 months









• is illiterate


Practitioner must provide the ATLAS reference number, where relevant. VLA reserves the

right to request the relevant file and/or the RDM file as part of assessment.

B5 Have completed at least five CPD points covering family law, child development, family violence or


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• event



Entry pathway C

C1 Be a member of the section 29A Independent Children’s Lawyer Panel

Practitioner declaration. VLA may confirm with internal records, where necessary.

C2 Have completed at least five CPD points covering family law, child development, family violence or



• event



Requirements for level two are assessed as follows:

Entry pathway D

D1 Have at least two years recent experience undertaking family law work, including undertaking matters

involving one or more of the factors outlined in the assessment guidelines


The practitioner’s experience must have included undertaking matters that involved one or

more of the following factors:










D2 Have at least 20 per cent of a fulltime workload comprising family law matters


D3 Have had substantial and active involvement in at least five matters involving a variety of different

hearing types in the last 12 months, and have personally appeared at three of the hearing types


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The practitioner must have personally appeared in at least three of the following types of

hearings in the last 12 months

• duty list hearing

• interim hearing

• directions hearing

• docket hearing or case management hearing

• mention before a judge

• mention before a registrar

• first day of a less adversarial trial (LAT)

• a case assessment conference in the family court

• final hearing.

Practitioners must provide ATLAS reference numbers for legally aided matters and tell us

whether they briefed counsel or appeared personally. VLA reserves the right to request the

relevant file as part of assessment.

D4 Have had carriage of at least two family law matters in the last 12 months including at least one

matter involving family violence, and submit written outlines for each matter

Outlines must describe:

• the issues involved

• how the practitioner handled the issues involved

• how the practitioner assisted the client before, during and after the RDM attendance, for matters involving RDM.

When assessing written outlines VLA will look for:




When assessing written outlines involving RDM attendances VLA will also look for:

• understanding of the priority client’s needs

• how the practitioner understands and promotes the aims of RDM

• how well the practitioner prepared for the hearing (including meeting with the client to clarify client’s goals and risks and the history of the dispute)

• evidence of a risk and capacity assessment of the client’s ability to participate with a lawyer present (including consideration of the need for a joint or shuttle format)

• how the practitioner enabled the client to participate effectively and achieve a positive outcome (eg through preparing the client for the hearing, providing advice, negotiating and suggesting resolutions)

• how the practitioner’s interventions promoted safe and child-focussed outcomes

• evidence of constructive and respectful interactions with the chairperson, the client, other parties and other lawyers or ICLs present

• how the practitioner understands their role in the RDM process.

Maximum 500 words.

The practitioner must provide the ATLAS reference numbers for legally aided matters. VLA

reserves the right to request the relevant file and/or the RDM file as part of assessment.

D5 Have personally appeared in at least one legally aided Roundtable Dispute Management (RDM)

attendance, or similar legally assisted family dispute resolution, in relation to children’s care

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arrangements that involved a priority client in the last 12 months and submit a written outline

reflecting on how the practitioner conducted that appearance








• is illiterate


Written outlines should focus on how the factors that made the client a priority client, and the

child/ren’s age and stage of development, impacted on the way that the practitioner handled

the matter and how this was reflected in the agreement reached and must cover:

• the factors that made the client a priority client

• why those factors were relevant to the matter

• how those factors and the child/ren’s age and stage of development were relevant to the best interests of the child/ren

• how those factors impacted and the child/ren’s age and stage of development on the way the practitioner handled the matter

• how the agreement reached reflects the practitioner’s consideration of those factors and the child/ren’s age and stage of development

• how the agreement reached, or proposals put, reflected the best interests of the child/ren.

Maximum 500 words.

VLA reserves the right to request the relevant file and/or the RDM file as part of

assessment.

D6 Have completed at least five CPD points covering family law, child development, family violence or



• event



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Family Law Panel frequently asked questions

These frequently asked questions support the Family Law Panel key information, Family Law Panel

individual entry requirements and the Family Law Panel individual application form, available on the

Family Law Panel page on our website (http://www.legalaid.vic.gov.au/family-law-panel).

Topics covered

The following is a quick guide to the information covered in these FAQs:

Using these FAQs ......................................................................................................................................... 27

Q1. Who should use these FAQs? ........................................................................................................ 27

Q2. Am I a firm or an individual? ........................................................................................................... 27

Q3. What types of work does the Family Law Panel cover? ................................................................. 27

How to apply ................................................................................................................................................. 27

Q4. How do I apply? .............................................................................................................................. 27

Q5. Who should apply? ......................................................................................................................... 28

Q6. Why are approved independent children’s lawyers eligible for the family law panel? .................... 28

Q7. What should a firm consider before applying for panel membership? ........................................... 28

Q8. What does an individual need to do before applying to be a Panel Certifier? ................................ 28

Q9. How long does it take to complete an individual application? ........................................................ 29

Q10. I am a sole practitioner – what applications do I need to submit? .............................................. 29

Q11. What can I do if I need help applying?........................................................................................ 29

Q12. Do I need to sign the application form? ...................................................................................... 29

Panel membership model ............................................................................................................................. 29

Q13. What is the panel membership model? ...................................................................................... 29

Q14. What is the accountability structure in VLA’s membership model? ............................................ 29

Q15. What is an exclusive panel? ....................................................................................................... 30

Q16. Will I need to use the simplified grants process when on the panel? ......................................... 30

Q17. What is the difference between a level one and level two Panel Certifier for the Family Law

Panel? 30

Q18. When does a firm’s membership become effective? .................................................................. 30

Q19. How many practitioners in the firm must apply for Panel Certifier status? ................................. 30

Individual entry requirements ........................................................................................................................ 31

Q20. What are the individual entry requirements? .............................................................................. 31

Q21. What is my ATLAS user ID as required on the individual application form? .............................. 31

Q22. What should I consider before choosing an entry pathway? ...................................................... 31

Q23. What client factors are required for entry requirements A1, B2 or D1, or make someone a

‘priority client’ (requirements A5, B4 and D5)? ......................................................................................... 31

Q24. If the matter used to meet requirement D4 involves an FDRS attendance, can I also use

that matter to meet requirement D5? ........................................................................................................ 32

Q25. What does ‘personal carriage’ of a matter mean? ...................................................................... 32

Firm entry requirements ................................................................................................................................ 32

Q26. Does the firm need a LIV Accredited Specialist to be on the Family Law Panel? ...................... 32


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When to apply ............................................................................................................................................... 32

Q27. Is there a deadline for applications? ........................................................................................... 32

Q28. What does it mean that the panel is continuously open? ........................................................... 32

Exemptions ................................................................................................................................................... 33

Q29. How do I request an exemption? ................................................................................................ 33

Q30. How are exemption requests assessed? .................................................................................... 33

Q31. What issues are considered for special circumstances exemptions? ........................................ 33

Q32. Can I apply for more than one exemption? ................................................................................ 34

Q33. Is a lower quality standard allowed of firms and certifiers who are subject to an

exemption? ............................................................................................................................................... 34

Assessment of applications .......................................................................................................................... 34

Q34. How are applications assessed? ................................................................................................ 34

Q35. How long will it take for my application to be assessed? ............................................................ 34

Q36. What can I do if my application is refused? ................................................................................ 34

Conditions for inclusion on the panel (firms) ................................................................................................ 34

Q37. Why do we send a firm a Panel Agreement? ............................................................................. 34

Conditions for status as Panel Certifier (individuals) .................................................................................... 35

Q38. Why do we send a Certifier Acknowledgement document? ....................................................... 35

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Using these FAQs

Q1. Who should use these FAQs?

These FAQs contain information relevant to both firms applying for inclusion on the Family Law

Panel and to individual practitioners applying for approval as Panel Certifiers on the Family Law

Panel.

Q2. Am I a firm or an individual?

The terms ‘firm’ and ‘individual’ should be attributed their commonly understood, plain English

meaning.

The firm is the private legal practice that employs one or more private legal practitioners

(individuals). A nominated contact person who has been given authority to act as Victoria Legal

Aid’s (VLA’s) point of contact for the application process represents the firm when engaging with

VLA about the application.

An individual is any private legal practitioner who is employed by an applicant firm or is a

partner of that firm.

Firms apply for membership of the panel, individuals apply for approval as Panel Certifiers.

A sole practitioner is both the firm and an individual practitioner and, as such, must submit both

a firm and individual application.

Q3. What types of work does the Family Law Panel cover?

The Family Law Panel covers legally assisted:

• family dispute resolution service (FDRS) procedures

• family law litigation matters (including financial support and maintenance)

• appeals in family law or child support matters

• international child abduction matters.

How to apply

Q4. How do I apply?

The firm must be a member of the panel and have approved individual Panel Certifiers on its

staff to be able to receive grants of legal assistance. The firm may be a member of the panel at

any time, but its membership will only be active when it has at least one Panel Certifier on staff

to certify grant applications.

Firms apply for membership by submitting a firm application form.

Each individual practitioner employed by an applicant firm can apply for approval as a Panel

Certifier by submitting a Family Law Panel individual application form. See the Family Law

Panel key information for full details of how to apply.

Application forms can be found on the Family Law Panel page of VLA’s website


http://www.legalaid.vic.gov.au/information-for-lawyers/doing-legal-aid-work/panels/family-law-panel/forms

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Q5. Who should apply?

Firms and individuals who wish to undertake legally aided family law matters must be on the

section 29A Family Law Panel.

Firms who have not yet applied for the Family Law Panel should apply for panel membership by

submitting a firm application.

Individual practitioners who are not automatically eligible for Panel Certifier status should apply

for Panel Certifier status by submitting an individual application.

Individual practitioners approved for Independent Children’s Lawyer (ICL) Panel are

automatically eligible for Panel Certifier status on the section 29A Family Law Panel, so do not

need to submit an individual application.

Q6. Why are approved independent children’s lawyers eligible for the family law panel?

The entry requirements for the Family Law Panel address the specific skills required to handle

family law matters well.

Approved ICLs are automatically eligible because the entry requirements for the Family Law

Panel have been developed with particular regard family law and children’s matters, and VLA is

able to assess applicants on the specific skills and capacity necessary to handle family law

matters as part of the assessment process for the Independent Children’s Lawyer Panel.

Q7. What should a firm consider before applying for panel membership?

Firms only need to submit one application to be considered for inclusion on the range of section

29A panels. When a firm first applies it should consider in advance the section 29A panels on

which it wishes to be included now and in the future.

If a firm later wishes to be included on additional panels it must apply separately for these

panels.

Before applying it is highly recommended that the firm takes time to read the Information

package: Family Law Panel, especially the Section 29A panels firm entry requirements

(including assessment guidelines), and the Section 29A panels firm application form.

Q8. What does an individual need to do before applying to be a Panel Certifier?

Before applying for Panel Certifier status, it is highly recommended that individual practitioners

take time to familiarise themselves with the Information package: Family Law Panel, especially

the Family Law Panel individual entry requirements (including assessment guidelines) and the

Family Law Panel application form available on the Family Law Panel

(http://www.legalaid.vic.gov.au/family-law-panel) page on our website. These documents

contain essential information to help with the application. Understanding this information will

make the application process quicker and more efficient.

As part of the application practitioners are required to select samples of their work to submit or

to describe matters they have undertaken in a written outline. Practitioners should allow

themselves time to thoroughly consider which matters are best suited to demonstrate their skills

and capacity as outlined in the entry requirements and assessment guidelines before

completing the application form.


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Q9. How long does it take to complete an individual application?

The application process for individual applicants seeking Panel Certifier status on the Family

Law Panel is estimated to take around 4 hours. This includes time to read the information

package and entry requirements, time to reflect on relevant matters they have carried and

prepare suitable written outlines, and time to complete the application form itself.

Every effort has been made to make the application form as short and easy to complete as

possible. However, practitioners should note it may take some time to identify suitable matters

and prepare written outlines to submit as part of the application.

It may take less or more time for each individual applicant.

Q10. I am a sole practitioner – what applications do I need to submit?

Sole practitioners must meet both the firm and individual entry requirements and must submit

both a firm application and an individual application.

Q11. What can I do if I need help applying?

Practitioners and firms are welcome to contact VLA’s Panels Co-ordinator for assistance with

the application process or with any questions arising out of the information package.

The Panels Co-ordinator can be contacted via email at [email protected] or by phone on

(03) 9606 5264.

Q12. Do I need to sign the application form?

You are not required to sign the application form. Electronically submitting the application form

is your acknowledgement of the matters contained within the declaration and acts as substitute

for a signature.

Panel membership model

Q13. What is the panel membership model?

Detailed information about the panel membership model can be found in the Family Law Panel

key information.

Q14. What is the accountability structure in VLA’s membership model?

VLA’s membership model includes a combination of firm accountability and individual

accountability.

The individual accountability means that Panel Certifiers are accountable for all matters that

they certify, even where another practitioner (Certifier or non-certifier) has done the work.

Combined firm and individual accountability gives VLA a broader range of less disruptive

options to address quality issues. While the firm is responsible overall for ensuring the quality of

work done, the introduction of individual accountability allows VLA to address quality issues with

individual certifiers where the issue can clearly be isolated to that particular practitioner within

the firm. For example, VLA may alter or revoke the practitioner’s Panel Certifier status, rather

than having to seek to remove the whole firm from the pane.

However, the firm is solely accountable for some quality issues. This includes quality issues that

can be linked to a failure of the firm to continuously meet the firm entry requirements and may

mailto:[email protected]

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also include issues arising from the firm not sufficiently enabling or supporting its certifiers to

meet their obligations as certifiers. For example, if the firm does not manage caseloads to

ensure that the certifier is able to adequately manage that caseload to the standards expected

by VLA, including supervising any other practitioners working on matters they have certified.

The firm should consider ensuring that all practitioners who meet the entry requirements do

apply for approval as Panel Certifiers. This will allow the firm to achieve the best possible

proportion of Panel Certifiers to non-certifiers and thereby a better distribution of risk if quality

issues arise.

Q15. What is an exclusive panel?

An ‘exclusive’ panel is a section 29A panel covering a specific area of law, where grants for

matters covered by that panel can only be allocated to members of that panel. Section 30

general referral panel members are not able to receive grants for matters covered by exclusive

panels.

Exclusive panels ensure that clients are represented by practitioners with the skill, capacity and

experience to be doing good quality work on the types of matters covered by the panel.

Under the panel membership model all section 29A panels are continually open, which means

that applications for inclusion or Panel Certifier status on the section 29A Family Law Panel can

be submitted at any time.

Q16. Will I need to use the simplified grants process when on the panel?

Yes. Applications for grants of legal assistance are submitted through ATLAS using the

simplified grants process.

Q17. What is the difference between a level one and level two Panel Certifier for the Family Law Panel?

The key difference between level one and level two Panel Certifiers is the quality auditing

requirements.

During the Panels Review Process, individuals are approved for a period of 12 months.

Q18. When does a firm’s membership become effective?

If the firm’s application is approved, the firm is found suited for inclusion on each of the section

29A panels for which it applied.

However, for a panel membership to become effective, at least one employee of the firm must

be approved as a Panel Certifier for that panel.

Q19. How many practitioners in the firm must apply for Panel Certifier status?

At least one employee of the firm must be approved as a Panel Certifier for the firm’s

membership to be active.

However, firms should consider ensuring that all practitioners who can meet the entry

requirements apply for approval as Panel Certifiers, as this will benefit the firm under the

accountability structure for the membership model.

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Individual entry requirements

Q20. What are the individual entry requirements?

Individual entry requirements describe the specific skills and capacity required for an individual

practitioner to be approved as a Panel Certifier on the Family Law Panel.

Individual entry requirements can be found on the Family Law Panel page of VLA’s website


Q21. What is my ATLAS user ID as required on the individual application form?

Your ATLAS user ID is your current ATLAS login name.

If your firm is currently on a Section 29A or the Section 30 panel but you are not registered as a

user on ATLAS, you must ask your firm’s ATLAS administrator to create your user ID before

you apply for the Family Law Panel.

If your firm is on the Section 30 panel, but has never registered to use ATLAS, your firm must

register to use ATLAS before you will be able to apply for the Family Law Panel.

If your firm is not currently on a Section 29A or the Section 30 panel, you will not yet have a

user ID in ATLAS. Your firm must apply for inclusion on the Section 30 panel and register to use

ATLAS before you will be able to apply for the Family Law Panel.

Firms can apply for inclusion on the Section 30 panel by completing the Section 30 application

form on the panels page of VLA’s website (http://www.legalaid.vic.gov.au/panels).

Q22. What should I consider before choosing an entry pathway?

You must be able to meet all requirements for the entry pathway you choose, so you should

consider which certification level best suits your experience.

Q23. What client factors are required for entry requirements A1, B2 or D1, or make someone a ‘priority client’ (requirements A5, B4 and D5)?

The entry requirements for the Family Law Panel require applicants to have experience

representing clients who are experiencing the sorts of issues that make them particularly

vulnerable or qualify them as VLA priority clients. These factors include:

• the client has an intellectual disability, diagnosed acquired brain injury, diagnosed

psychiatric or psychological illness, diagnosed serious health condition or serious

physical disability, which makes that person unable to participate effectively in family

dispute resolution without legal representation

• the client experiences cultural barriers, which make that person unable to participate

effectively in family dispute resolution without legal representation




• a client whose child has experienced or is at risk of experiencing child abuse or family

violence


http://www.legalaid.vic.gov.au/information-for-lawyers/doing-legal-aid-work/panels/family-law-panel/forms

http://www.legalaid.vic.gov.au/information-for-lawyers/doing-legal-aid-work/panels

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• the client has a matter currently before the court where the proposal or conduct of a party

substantially prejudices the ability of a child to maintain a meaningful relationship with one

or both parents.

Some or all of the applicant’s recent experience should involve representing clients in matters

involving one or more these factors.

Written outlines relating to roundtable dispute management or similar legally assisted family

dispute resolution submitted to meet entry requirements A5, B4 and D5 must involve a ‘priority

client’ who meets one or more of these factors.

Q24. If the matter used to meet requirement D4 involves an FDRS attendance, can I also use that matter to meet requirement D5?

Yes. If the matter meets all of the criteria for both requirements, including those outlined in the

assessment guidelines, you may use the matter as your example to meet both requirements.

Q25. What does ‘personal carriage’ of a matter mean?

‘Personal carriage’ means that you have undertaken all work on that matter yourself. The entry

requirements call for written outlines reflecting on files that you have had personal carriage of.

If you have not had personal carriage of any files meeting the requirements you must explain

your involvement in the carriage of the file as part of the written outline that accompanies the file

(on the application form). This explanation should address:

• the percentage of work you undertook personally and who undertook the remainder of the

work

• how you supervised work undertaken by others

• your involvement in case analysis, including evidentiary and legal analysis, and strategic

decision making relevant to the matter

• how you managed interaction with the client.


Q26. Does the firm need a LIV Accredited Specialist to be on the Family Law Panel?

No. LIV Accredited Specialists in children’s law or family law can use a simplified application

pathway (pathway B) to apply for individual Panel Certifier status on the Family Law Panel. This

streamlines the individual application process and reduces the supporting documentation that

needs to be provided with the application.

When to apply

Q27. Is there a deadline for applications?

Firms and Individuals can apply at any time, as the panel is continuously open.

Q28. What does it mean that the panel is continuously open?

It means that firms and practitioners who meet the panel entry requirements and wish to be able

to do legally aided family law matters can apply at any time.

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Exemptions

Q29. How do I request an exemption?

Individual applicants can request any exemptions they may require at part 4 of the individual

application form.

Before applying for an exemption, see Exemptions to entry requirements and self-assess to see

whether you may be eligible and what type of exemption you should request.

When requesting an exemption you must specify which requirement and/or which aspects of the

requirement you require exemption from, and provide your reason for needing the exemption.

This reason must either address how you meet the eligibility criteria (for common exemptions)

or explain any special circumstances that apply in your case.

When completing the exemption request section of the application form, you should specify all

exemptions you are requesting and raise all relevant reasons that you would like VLA to take

into account when it is assessing your request.

There are no exemptions available for firm requirements.

Q30. How are exemption requests assessed?

Exemption requests are assessed when the application is assessed.

Common exemptions are available to applicants who meet the eligibility criteria, at the

discretion of VLA. If multiple exemptions are requested the request will be assessed on a case-

by-case basis.

Special circumstances exemption requests are assessed on a case-by-case basis. As part of

the assessment process, VLA will also set any conditions applicable to the exemption when

deciding the outcome of the request.

Q31. What issues are considered for special circumstances exemptions?

Special circumstances exemptions are designed to be responsive to specific issues and

circumstances that mean an applicant is legitimately unable to meet the full entry requirements

at the time of application.

Because special circumstances exemptions need to be flexible enough to respond to a range of

unique issues and circumstances, it is not possible to provide a definitive list of what will be

considered.

When assessing individual applicants’ requests, consideration may be given to any significant

and/or unavoidable circumstance that has disrupted the applicant’s ability to practice for a

period of time or their ability to get access to the types of matters or experience covered by the

entry requirements.

Applicants who do not meet all the entry requirements but who are practising in a geographic

area with limited coverage by legal aid service providers are encouraged to apply for a special

circumstances exemption.

Special circumstances exemptions addressing the need for coverage in a rural area will be

assessed against how we can best achieve high-quality coverage in that area.

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Applicants who are not granted exemptions may apply for the panel again after 6 months and

when they have addressed the reasons for requiring the exemption or if there is a significant

change to coverage in the area.

Q32. Can I apply for more than one exemption?

While in some cases multiple exemptions may be granted, this will only be done on a case-by-

case basis. Emphasis will be placed on ensuring adequate representation in rural areas.

Q33. Is a lower quality standard allowed of firms and certifiers who are subject to an exemption?

No. All panel firms and Panel Certifiers must perform to the same quality standard.

Exemptions to the entry requirements are granted to ensure coverage in regional areas and to

ensure that the entry requirements are feasible for experienced practitioners under a range of

circumstances.

Practitioners who are included on the panel subject to an exemption are generally expected to

eventually meet the full requirements. The conditions attached to exemptions are aimed at

achieving this.

Assessment of applications

Q34. How are applications assessed?

During the panels review process, applications will be assessed by the EDLP based on

materials provided, VLA knowledge of the applicant, internal VLA records, and publicly available

records.

Q35. How long will it take for my application to be assessed?

VLA is assessing applications on an ongoing two-month assessment cycle.

Q36. What can I do if my application is refused?

If VLA intends to refuse your application, you will be given the opportunity to respond to specific

issues and concerns before a final decision is made.

If the final decision is unfavourable, you will be given the reasons that led to that decision.

VLA does not offer a review of these decisions.

However, if your application is refused you will have the opportunity to reapply for inclusion on

the panel after six months of receiving the unfavourable decision. This is intended to allow

sufficient time to address the reasons underpinning the unfavourable decision before

reapplying.

Conditions for inclusion on the panel (firms)

Q37. Why do we send a firm a Panel Agreement?

This document outlines the basis of firms’ inclusion on panels. Firms are deemed to accept its

terms once the firm applies via ATLAS for legal assistance which has been certified by an

individual certifier for the same Panel.

Victoria Legal Aid


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Conditions for status as Panel Certifier (individuals)

Q38. Why do we send a Certifier Acknowledgement document?

The Panel Certifier Acknowledgement is the portable documentation for practitioners, along with

a letter of offer from VLA, showing that they are approved as a Panel Certifier on the panel. It

also outlines the rights and obligations of certifiers

family law panel information package - victoria legal aid · private law practices (firms) that...

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