Independent Children's Lawyer Panel information package...Private legal practitioner: Independent...

29
January 2019 1 Independent Children’s Lawyer Panel information package This information package contains essential information supporting applications for the section 29A Independent Children’s Lawyer Panel. The information package includes: Independent Children’s Lawyer Panel key information Section 29A panels firm entry requirements Independent Children’s Lawyer Panel individual entry requirements Independent Children’s Lawyer Panel frequently asked questions. The Independent Children’s Lawyer Panel application form and Section 29A panels firm application form are available from the Independent Children’s Lawyer Panel page of VLA’s website (www.legalaid.vic.gov.au/icl-panel).

Transcript of Independent Children's Lawyer Panel information package...Private legal practitioner: Independent...

January 2019

1

Independent Childrenrsquos Lawyer Panel information package

This information package contains essential information supporting applications for the section 29A

Independent Childrenrsquos Lawyer Panel

The information package includes

bull Independent Childrenrsquos Lawyer Panel key information

bull Section 29A panels firm entry requirements

bull Independent Childrenrsquos Lawyer Panel individual entry requirements

bull Independent Childrenrsquos Lawyer Panel frequently asked questions

The Independent Childrenrsquos Lawyer Panel application form and Section 29A panels firm application

form are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(wwwlegalaidvicgovauicl-panel)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

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Independent Childrenrsquos Lawyer Panel key information

Private law practices (firms) that wish to be included on the Independent Childrenrsquos Lawyer (ICL) Panel

must submit expressions of interest by way of firm applications Private legal practitioners (individuals)

employed by a firm who are seeking inclusion as Independent Childrenrsquos Lawyers must also apply by

submitting an individual application form

This document provides interested firms and practitioners with practical information about

bull How to apply including Entry requirements and Application forms

bull When to apply

bull Assessment of applications

bull Conditions of panel membership

bull Exemptions to entry requirements

bull Definitions

How to apply

There are two parts to the application process one part relates to the private legal practitioners

(individuals) seeking inclusion on the panel and the other relates to the private law practices (firms)

that employ them

While membership of the Independent Childrenrsquos Lawyer Panel is individual the firm employing an ICL

must also apply for panel membership

To apply for panel membership an individual practitioner and the practitionerrsquos employing firm must be

able to meet the entry requirements and must submit an application form

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

supporting the requirements and the contents of this information package before applying for the

panel

Application forms can be found on the ICL Panel page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-childrens-

lawyer-panel)

Entry requirements

The Independent Childrenrsquos Lawyer Panel individual entry requirements outline the requirements for

practitioners seeking inclusion on the ICL panel These entry requirements detail the general individual

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

specific skill and capacity requirements for individual ICLs undertaking legally aided ICL work

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

any of VLArsquos section 29A panels The firm requirements are similar for each panel

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

how VLA will assess applicants against the entry requirements

Firm and individual entry requirements can be found on the Independent Childrenrsquos Lawyer Panel page

of VLArsquos website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-

panelsindependent-childrens-lawyer-panel)

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Applicants who are not able to meet VLArsquos ICL Panel entry requirements may be eligible for an

exemption See Exemptions to entry requirements for more information

Application forms

Private legal practitioners must submit a completed Independent Childrenrsquos Lawyer Panel individual

application form

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

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-childrens-

lawyer-panel)

Forms must be completed electronically and submitted to panelsvlavicgovau Paper or faxed

applications will not be accepted

For further information on the application form and the application process please refer to the

frequently asked questions

When to apply

Firms and private practitioners can apply at any time as the ICL Panel is continuously open

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

applicants 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 VLArsquos 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 include 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 makes the final decision

Where the EDLP decides to not include an applicant firm or an individual ICL 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 for inclusion on the panel 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

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Independent Childrenrsquos Lawyer Panel information package

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Conditions of panel membership

Successful applicants (firm and individual) will be offered a panel contract in the form of an Agreement

which sets out the conditions of panel membership

An overview of the specific conditions is included in the following table

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 the State within which their

principal place of practice must be located

Private law practice Section 29A

panels firm entry requirements

Private legal practitioner

Independent Childrenrsquos Lawyer

Panel 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

individual ICLs 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

(wwwlegalaidvicgovaupanels-

conditions) and VLA Handbook for

Lawyers

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

provision of services by panel members

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

Panel agreement

Each successful applicant (both firm and individual ICL) will receive an electronic offer of inclusion

along with a Panel Agreement document

The offer is deemed to be accepted once a firmrsquos approved ICL certifies the merits of an application for

or for an extension for legal assistance in an ICL matter or certifies (if applicable) the merits of an

application for a family law or family violence matter

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Independent Childrenrsquos Lawyer Panel information package

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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

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 allowing an

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

Exemptions are only available for individual practitioners There are no exemptions to the firm entry

requirements for the ICL Panel

VLA offers two types of exemptions

bull Common exemptions which are 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)

bull Special circumstances exemptions which are 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

Common exemptions

The following common exemptions are available for the Independent Childrenrsquos Lawyer Panel to

applicants who can meet the eligibility criteria for and conditions of the exemption Alternative options

are available to applicants who are not eligible for the exemption

Requirement 2

Aspect of requirement five yearsrsquo experience

Exemption eligibility available to applicants who have had five yearsrsquo experience but not all of the

experience was gained recently due to parental or other extended leave

Exemption condition(s) applicant must have had five yearsrsquo experience including the equivalent of at

least 30 per cent of a fulltime workload doing family law work in matters involving childrenrsquos issues

within the previous seven years

Alternative options if leave was longer than two years within the previous seven practitioners can

request a special circumstances exemption where special circumstances exist or wait until they have

had enough experience to apply

Requirement 4

Aspect of requirement 24-month timeframe

Exemption eligibility rural practitioners parental or other extended leave

Exemption condition(s) applicant must submit written outlines of matters meeting the specified

criteria from within the last 36 months in the application

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Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

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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 Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo caseload to ensure that it is manageable

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

themselves

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

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o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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Independent Childrenrsquos Lawyer Panel information package

11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

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Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

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17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

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Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

2

Independent Childrenrsquos Lawyer Panel key information

Private law practices (firms) that wish to be included on the Independent Childrenrsquos Lawyer (ICL) Panel

must submit expressions of interest by way of firm applications Private legal practitioners (individuals)

employed by a firm who are seeking inclusion as Independent Childrenrsquos Lawyers must also apply by

submitting an individual application form

This document provides interested firms and practitioners with practical information about

bull How to apply including Entry requirements and Application forms

bull When to apply

bull Assessment of applications

bull Conditions of panel membership

bull Exemptions to entry requirements

bull Definitions

How to apply

There are two parts to the application process one part relates to the private legal practitioners

(individuals) seeking inclusion on the panel and the other relates to the private law practices (firms)

that employ them

While membership of the Independent Childrenrsquos Lawyer Panel is individual the firm employing an ICL

must also apply for panel membership

To apply for panel membership an individual practitioner and the practitionerrsquos employing firm must be

able to meet the entry requirements and must submit an application form

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

supporting the requirements and the contents of this information package before applying for the

panel

Application forms can be found on the ICL Panel page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-childrens-

lawyer-panel)

Entry requirements

The Independent Childrenrsquos Lawyer Panel individual entry requirements outline the requirements for

practitioners seeking inclusion on the ICL panel These entry requirements detail the general individual

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

specific skill and capacity requirements for individual ICLs undertaking legally aided ICL work

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

any of VLArsquos section 29A panels The firm requirements are similar for each panel

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

how VLA will assess applicants against the entry requirements

Firm and individual entry requirements can be found on the Independent Childrenrsquos Lawyer Panel page

of VLArsquos website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-

panelsindependent-childrens-lawyer-panel)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

3

Applicants who are not able to meet VLArsquos ICL Panel entry requirements may be eligible for an

exemption See Exemptions to entry requirements for more information

Application forms

Private legal practitioners must submit a completed Independent Childrenrsquos Lawyer Panel individual

application form

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

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-childrens-

lawyer-panel)

Forms must be completed electronically and submitted to panelsvlavicgovau Paper or faxed

applications will not be accepted

For further information on the application form and the application process please refer to the

frequently asked questions

When to apply

Firms and private practitioners can apply at any time as the ICL Panel is continuously open

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

applicants 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 VLArsquos 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 include 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 makes the final decision

Where the EDLP decides to not include an applicant firm or an individual ICL 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 for inclusion on the panel 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

4

Conditions of panel membership

Successful applicants (firm and individual) will be offered a panel contract in the form of an Agreement

which sets out the conditions of panel membership

An overview of the specific conditions is included in the following table

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 the State within which their

principal place of practice must be located

Private law practice Section 29A

panels firm entry requirements

Private legal practitioner

Independent Childrenrsquos Lawyer

Panel 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

individual ICLs 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

(wwwlegalaidvicgovaupanels-

conditions) and VLA Handbook for

Lawyers

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

provision of services by panel members

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

Panel agreement

Each successful applicant (both firm and individual ICL) will receive an electronic offer of inclusion

along with a Panel Agreement document

The offer is deemed to be accepted once a firmrsquos approved ICL certifies the merits of an application for

or for an extension for legal assistance in an ICL matter or certifies (if applicable) the merits of an

application for a family law or family violence matter

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

5

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

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 allowing an

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

Exemptions are only available for individual practitioners There are no exemptions to the firm entry

requirements for the ICL Panel

VLA offers two types of exemptions

bull Common exemptions which are 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)

bull Special circumstances exemptions which are 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

Common exemptions

The following common exemptions are available for the Independent Childrenrsquos Lawyer Panel to

applicants who can meet the eligibility criteria for and conditions of the exemption Alternative options

are available to applicants who are not eligible for the exemption

Requirement 2

Aspect of requirement five yearsrsquo experience

Exemption eligibility available to applicants who have had five yearsrsquo experience but not all of the

experience was gained recently due to parental or other extended leave

Exemption condition(s) applicant must have had five yearsrsquo experience including the equivalent of at

least 30 per cent of a fulltime workload doing family law work in matters involving childrenrsquos issues

within the previous seven years

Alternative options if leave was longer than two years within the previous seven practitioners can

request a special circumstances exemption where special circumstances exist or wait until they have

had enough experience to apply

Requirement 4

Aspect of requirement 24-month timeframe

Exemption eligibility rural practitioners parental or other extended leave

Exemption condition(s) applicant must submit written outlines of matters meeting the specified

criteria from within the last 36 months in the application

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

6

Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo 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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Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

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9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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Independent Childrenrsquos Lawyer Panel information package

11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

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Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

3

Applicants who are not able to meet VLArsquos ICL Panel entry requirements may be eligible for an

exemption See Exemptions to entry requirements for more information

Application forms

Private legal practitioners must submit a completed Independent Childrenrsquos Lawyer Panel individual

application form

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

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-childrens-

lawyer-panel)

Forms must be completed electronically and submitted to panelsvlavicgovau Paper or faxed

applications will not be accepted

For further information on the application form and the application process please refer to the

frequently asked questions

When to apply

Firms and private practitioners can apply at any time as the ICL Panel is continuously open

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

applicants 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 VLArsquos 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 include 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 makes the final decision

Where the EDLP decides to not include an applicant firm or an individual ICL 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 for inclusion on the panel 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

4

Conditions of panel membership

Successful applicants (firm and individual) will be offered a panel contract in the form of an Agreement

which sets out the conditions of panel membership

An overview of the specific conditions is included in the following table

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 the State within which their

principal place of practice must be located

Private law practice Section 29A

panels firm entry requirements

Private legal practitioner

Independent Childrenrsquos Lawyer

Panel 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

individual ICLs 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

(wwwlegalaidvicgovaupanels-

conditions) and VLA Handbook for

Lawyers

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

provision of services by panel members

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

Panel agreement

Each successful applicant (both firm and individual ICL) will receive an electronic offer of inclusion

along with a Panel Agreement document

The offer is deemed to be accepted once a firmrsquos approved ICL certifies the merits of an application for

or for an extension for legal assistance in an ICL matter or certifies (if applicable) the merits of an

application for a family law or family violence matter

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Independent Childrenrsquos Lawyer Panel information package

5

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

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 allowing an

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

Exemptions are only available for individual practitioners There are no exemptions to the firm entry

requirements for the ICL Panel

VLA offers two types of exemptions

bull Common exemptions which are 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)

bull Special circumstances exemptions which are 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

Common exemptions

The following common exemptions are available for the Independent Childrenrsquos Lawyer Panel to

applicants who can meet the eligibility criteria for and conditions of the exemption Alternative options

are available to applicants who are not eligible for the exemption

Requirement 2

Aspect of requirement five yearsrsquo experience

Exemption eligibility available to applicants who have had five yearsrsquo experience but not all of the

experience was gained recently due to parental or other extended leave

Exemption condition(s) applicant must have had five yearsrsquo experience including the equivalent of at

least 30 per cent of a fulltime workload doing family law work in matters involving childrenrsquos issues

within the previous seven years

Alternative options if leave was longer than two years within the previous seven practitioners can

request a special circumstances exemption where special circumstances exist or wait until they have

had enough experience to apply

Requirement 4

Aspect of requirement 24-month timeframe

Exemption eligibility rural practitioners parental or other extended leave

Exemption condition(s) applicant must submit written outlines of matters meeting the specified

criteria from within the last 36 months in the application

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6

Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo caseload to ensure that it is manageable

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

themselves

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

Victoria Legal Aid

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9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

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Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

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27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

4

Conditions of panel membership

Successful applicants (firm and individual) will be offered a panel contract in the form of an Agreement

which sets out the conditions of panel membership

An overview of the specific conditions is included in the following table

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 the State within which their

principal place of practice must be located

Private law practice Section 29A

panels firm entry requirements

Private legal practitioner

Independent Childrenrsquos Lawyer

Panel 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

individual ICLs 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

(wwwlegalaidvicgovaupanels-

conditions) and VLA Handbook for

Lawyers

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

provision of services by panel members

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

(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

As outlined on the Section 29A

panels conditions page

(wwwlegalaidvicgovaupanels-

conditions)

Panel agreement

Each successful applicant (both firm and individual ICL) will receive an electronic offer of inclusion

along with a Panel Agreement document

The offer is deemed to be accepted once a firmrsquos approved ICL certifies the merits of an application for

or for an extension for legal assistance in an ICL matter or certifies (if applicable) the merits of an

application for a family law or family violence matter

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

5

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

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 allowing an

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

Exemptions are only available for individual practitioners There are no exemptions to the firm entry

requirements for the ICL Panel

VLA offers two types of exemptions

bull Common exemptions which are 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)

bull Special circumstances exemptions which are 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

Common exemptions

The following common exemptions are available for the Independent Childrenrsquos Lawyer Panel to

applicants who can meet the eligibility criteria for and conditions of the exemption Alternative options

are available to applicants who are not eligible for the exemption

Requirement 2

Aspect of requirement five yearsrsquo experience

Exemption eligibility available to applicants who have had five yearsrsquo experience but not all of the

experience was gained recently due to parental or other extended leave

Exemption condition(s) applicant must have had five yearsrsquo experience including the equivalent of at

least 30 per cent of a fulltime workload doing family law work in matters involving childrenrsquos issues

within the previous seven years

Alternative options if leave was longer than two years within the previous seven practitioners can

request a special circumstances exemption where special circumstances exist or wait until they have

had enough experience to apply

Requirement 4

Aspect of requirement 24-month timeframe

Exemption eligibility rural practitioners parental or other extended leave

Exemption condition(s) applicant must submit written outlines of matters meeting the specified

criteria from within the last 36 months in the application

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

6

Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo caseload to ensure that it is manageable

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

themselves

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

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9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

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Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

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13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

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Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

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Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

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bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

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Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

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Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

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22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

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Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Independent Childrenrsquos Lawyer Panel information package

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Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

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28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

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Independent Childrenrsquos Lawyer Panel information package

5

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

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 allowing an

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

Exemptions are only available for individual practitioners There are no exemptions to the firm entry

requirements for the ICL Panel

VLA offers two types of exemptions

bull Common exemptions which are 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)

bull Special circumstances exemptions which are 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

Common exemptions

The following common exemptions are available for the Independent Childrenrsquos Lawyer Panel to

applicants who can meet the eligibility criteria for and conditions of the exemption Alternative options

are available to applicants who are not eligible for the exemption

Requirement 2

Aspect of requirement five yearsrsquo experience

Exemption eligibility available to applicants who have had five yearsrsquo experience but not all of the

experience was gained recently due to parental or other extended leave

Exemption condition(s) applicant must have had five yearsrsquo experience including the equivalent of at

least 30 per cent of a fulltime workload doing family law work in matters involving childrenrsquos issues

within the previous seven years

Alternative options if leave was longer than two years within the previous seven practitioners can

request a special circumstances exemption where special circumstances exist or wait until they have

had enough experience to apply

Requirement 4

Aspect of requirement 24-month timeframe

Exemption eligibility rural practitioners parental or other extended leave

Exemption condition(s) applicant must submit written outlines of matters meeting the specified

criteria from within the last 36 months in the application

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6

Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo 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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Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

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Independent Childrenrsquos Lawyer Panel information package

9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

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13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

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Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

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Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

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Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

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22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

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26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

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28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

6

Alternative options ineligible practitioners can wait until they have had carriage of enough complex

matters to apply

Requirement 5

Aspect of requirement 12-month timeframe

Exemption eligibility parental or other extended leave

Exemption condition(s) applicant must submit written outlines related to sample matters meeting the

specified criteria from within the last 24 months in the application

Alternative options ineligible practitioners can wait until they have had carriage of enough matters

meeting the requirements to apply

Special circumstances exemptions

Exemptions not listed in the common exemptions table 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

If a special circumstances exemption is granted VLA will stipulate the conditions 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

No exemptions are available for firm requirements

Exemptions for individual practitioners can be requested at Part 8 of the Independent Childrenrsquos Lawyer

Panel individual application form

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

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 inclusion 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 on the ICL Panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo caseload to ensure that it is manageable

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

themselves

Victoria Legal Aid

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8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

Victoria Legal Aid

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9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

Victoria Legal Aid

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

7

Section 29A panels firm entry requirements

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

Victoria Legal Aidrsquos 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 firmrsquos

ability to meet the requirements

Firm entry 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 practitionerrsquos open files

B An adequate diary system to record the key dates for each practitionerrsquos 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 Childrenrsquos 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 practitionersrsquo caseload to ensure that it is manageable

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

themselves

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

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Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

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13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

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15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

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Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

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21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Independent Childrenrsquos Lawyer Panel information package

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Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

8

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 practitionerrsquos own interest is involved

Client care

4 The firm must have

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

1 The firm must have

A An adequate system to record details of each practitionerrsquos 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

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

bull be able to record all key information for each file including the

o name of the client

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Independent Childrenrsquos Lawyer Panel information package

9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

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Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

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9

o ATLAS reference number

o matter type by panel or subset panel

o next key date

B An adequate diary system to record the key dates for each practitionerrsquos 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

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

bull 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 andor 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 VLArsquos requirements

Supervision

Note supervision requirements do not apply to firms that are solely members of the Independent Childrenrsquos 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

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10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

Victoria Legal Aid

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

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Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

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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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

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16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

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17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

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20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

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26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

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27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

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28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

10

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

documentation exist For example

bull minutes or log of diary meetings

bull records of regular case review meetings

bull training plans

bull records of individual training

B Regularly review and consider practitionersrsquo 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

bull minutes or log of diary meetings

bull 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

bull records of engagement with supervised staff

bull corporate culture to support supervision work

Conflict

3 The firm must demonstrate active compliance with the Australian Solicitorsrsquo 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 interestedrelated parties

names)

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

the practitionerrsquos 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

4 The firm must have

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

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

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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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

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Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

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17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

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20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

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21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

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Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

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28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

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11

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

bull listen to the complainant

bull record the complaint in some form of register

bull investigate the complaint

bull decide on action to be taken

bull 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 VLArsquos knowledge of the applicant

stakeholder feedback and information from internal and publicly available records

Consideration will be given to the firmrsquos

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

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

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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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

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14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

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4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

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17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

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Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

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Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

12

Independent Childrenrsquos Lawyer Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be included on the section

29A Independent Childrenrsquos Lawyer Panel Practitioners must meet both the general individual entry

requirements and the specific individual requirements to be included on the Independent Childrenrsquos

Lawyer Panel

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

requirements can be found on the section 29A panel forms for firms page of VLArsquos website

(wwwlegalaidvicgovaupanels)

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

practitionerrsquos ability to meet the requirements

General individual entry requirements

To be included on the ICL Panel 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 practitionerrsquos 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

Victoria Legal Aid

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13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

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15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

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Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

13

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 practitionerrsquos 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

Practitioner declaration

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

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15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

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25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

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26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

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Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

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28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

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29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

14

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

Practitioner declaration When assessing any finding VLA will consider whether the

conduct

bull indicates lsquoa material risk of harm to [legal aid] consumers of legal servicesrsquo

bull undermines VLArsquos 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 lsquomay give consideration to the honesty open candour and frankness demonstrated

by [the] person in their disclosurersquo

(Quoted material from the Legal Services Boardrsquos RRP 017 Fit and Proper Person Policy

ndash V2 Dec 2011)

Engagement and interaction

G3 The practitioner must conduct practice professionally and appropriately

This requirement will be assessed on the basis of VLArsquos knowledge of the applicant

stakeholder feedback information from internal andor publicly available records and any

other matters deemed relevant

Consideration will be given to the practitionerrsquos

bull dealings with clients other legal professionals service providers the judiciary and other relevant parties

bull complaints records

bull Compliance records where relevant

bull previous dealings and relationship with VLA where relevant

Specific individual entry requirements ndash Independent Childrenrsquos Lawyer Panel

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

Childrenrsquos Lawyer Panel) on page 16 as the assessment guidelines expand on how Victoria Legal Aid

will assess the practitionerrsquos ability to meet the entry requirements and provide essential information to

guide responses

Independent Childrenrsquos Lawyer Panel entry requirements

To be included on the ICL Panel a practitioner must

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

2 Have at least five years recent experience doing family law work in cases involving

childrenrsquos issues

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

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Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

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17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

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bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

15

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family

Law Courts within the last 12 months and submit written outlines of how the practitioner

prepared counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention

roundtable dispute management (RDM) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

7b Have completed Masters in Family Law

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

8 Have a Working with Children Check

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

16

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

The assessment guidelines are a guide to how Victoria Legal Aid will assess the specific individual

entry requirements for the Independent Childrenrsquos Lawyer Panel

These assessment guidelines should also be used to guide responses

Assessment guidelines (Independent Childrenrsquos Lawyer Panel entry requirements)

Requirements are assessed as follows

1 Have completed National ICL Training Program developed by National Legal Aid (NLA)

Practitioner declaration VLA may seek confirmation from National Legal Aid

First-time applicants must have completed the training program no earlier than five years

before applying

2 Have at least five years recent experience doing family law work in cases involving childrenrsquos

issues

Practitioner declaration

3 Submit a written outline of the practitionerrsquos understanding of the role of the independent

childrenrsquos lawyer including the practical applications of that role

The written outline must respond to issues arising out of the Family Law Act (1975) and the

Guidelines for Independent Childrenrsquos Lawyers and must reflect on the practitionerrsquos

understanding of the nature of the ICLrsquos role and how this functions in practice (250ndash500

words)

The outline will be assessed against the applicantrsquos knowledge and understanding of the

Family Law Act (1975) and the Guidelines for Independent Childrenrsquos Lawyers

4 Submit written outlines of three complex matters the practitioner has had carriage of within

the last 24 months where an Independent Childrenrsquos Lawyer has acted Matters must have

been prepared for final hearing in the Family Law Courts

Matters can include those where the practitioner has acted as ICL or where other ICLs have

acted

To be deemed complex a matter must achieve a minimum of six points on the ICL

complexity guide The matter must have been prepared for final hearing to demonstrate how

the issues that made the matter complex were handled over the lifespan of the matter but

may have been resolved before the final hearing occurs

The practitioner completes the ICL complexity guide sheet and submits a short written

outline for each matter describing

bull the issues that made the case complex (200ndash500 words)

bull how the practitioner handled the issues as the matter progressed where the practitioner acted as ICL (250ndash750 words)

bull how the practitioner would have handled the issues as the matter progressed where another ICL acted (250ndash750 words)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

17

Outlines must include ATLAS reference numbers (where possible) and whether the

practitioner briefed counsel or appeared personally

When assessing responses VLA will consider

bull the practitionerrsquos understanding of relevant laws

bull knowledge of relevant procedures

bull understanding of the Guidelines for Independent Childrenrsquos Lawyers

bull identification of the issues involved in the matter

bull how well the practitioner responded to the issues

bull the practitionerrsquos understanding of how to manage a meeting with a child where a meeting is appropriate

bull relevance of the response

VLA reserves the right to request the files as part of assessment

5 Have personally appeared in at least three matters involving different hearing types in the

Family Law Courts within the last 12 months and submit written outlines of how the

practitioner prepared for each of the hearings

OR

Have had carriage of at least three matters involving different hearing types in the Family Law

Courts within the last 12 months and submit written outlines of how the practitioner prepared

counsel to appear at each of the hearings

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters may include

bull family law matters involving childrenrsquos issues

bull family violence matters

bull ICL matters

Over the three matters the practitioner must have either appeared in or prepared counsel to

appear in at least three of the following different hearing types

bull duty list hearing

bull interim hearing

bull interim application

bull contravention and enforcement application

bull subpoena objection

bull directions hearing

bull docket hearing or case management hearing

bull mention before a judge

bull mention before a registrar

bull first day of a less adversarial trial (LAT)

bull a case assessment conference in the Family Court

bull final hearing

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

18

bull other significant hearing type (the practitioner must be able to explain the significance if asked)

The practitioner submits a short written outline for each matter describing

bull whether the practitioner appeared personally or briefed counsel

bull the orders sought

bull how the practitioner prepared for the hearing where the practitioner appeared personally (250ndash750 words)

bull how the practitioner prepared counsel for the hearing (including what format the preparation took and what information analysis and strategy were provided) where the practitioner briefed counsel to appear (250ndash750 words)

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

bull prepared for the hearing or prepared counsel for the hearing

bull considered and made appropriate referrals (including reasons for choosing the referral service)

bull managed negotiations or prepared counsel to manage negotiations

bull prepared submissions or enabled counsel to prepare submissions where required

bull provided a view based on evidence where the practitioner acted as ICL or provided submissions in line with the clientrsquos instructions where the practitioner acted as a family lawyer

VLA reserves the right to request the files as part of assessment

6 Have had carriage of at least two matters that have been settled or substantially settled by

negotiation including personally appearing in a pre-litigation or litigation intervention family

dispute resolution service (FDRS) attendance pre-litigation or litigation intervention

settlement conference or mediation and submit written outlines of how the practitioner

prepared and conducted each matter

The practitioner may have acted as an ICL or a family lawyer in these matters

Matters can include

bull family law matters

bull family violence matters

bull ICL matters

For each matter the practitioner must submit

bull ATLAS reference number

bull a copy of the minutes

bull a copy of the orders

bull a brief written outline describing how the practitioner prepared and conducted the matter (250ndash750 words)

When assessing the written outlines minutes and orders sought VLA will look for how well

the practitioner

bull prepared for the attendance

bull considered and made appropriate referrals (including reasons for choosing the referral service)

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

19

bull managed negotiations

bull provided a view based on evidence where the practitioner acted as ICL

VLA reserves the right to request the files as part of assessment

7 Fit one of the following categories

7a Be a LIV Accredited Specialist in childrenrsquos law or in family law

Practitioner declaration VLA may seek confirmation from the LIV Specialist

Accreditation Board

7b Have completed Masters in Family Law

Practitioner declaration VLA may seek confirmation from the relevant institution

7c

The practitioner

bull has at least 30 per cent of fulltime workload comprising family law matters

bull has completed at least five CPD points covering family law or family violence topics in the last two years

Practitioner declaration VLA may seek confirmation from the training provider

8 Have a Working with Children Check

Practitioner declaration

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

20

Independent Childrenrsquos Lawyer Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex

A matter must achieve at least six points to be deemed complex

Independent Childrenrsquos Lawyer Panel complexity guide

Issue Points

The matter ran to trial 2

Significant Department of Human Services involvement (ie Section 91B Order or

Section 67ZW Report)

2

The matter was in the Magellan list 2

The matter involved interstate or international relocation 2

The matter involved the Hague Convention 4

An application for a special medical procedure 4

Appointment of a case guardian 2

A parent with a significant mental health issue drug issues alcohol issues andor

cognitive issues

2

Concurrent relevant criminal proceedings or significant relevant prior convictions 2

Allegations of family violence involving the children andor requiring police

involvement

2

Significant jurisdictional argument 2

A child or children with significant medical needs andor a significant psychological or

psychiatric condition

2

The matter involved self-represented litigants 3

The matter involved issues directly related to a culturally and linguistically diverse

(CALD) party or child

2

Surrogacy or donor issues 2

Any other matters that create complexity ndash reasons to be provided allocated by

VLA assessor

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

21

Independent Childrenrsquos Lawyer Panel frequently asked questions

Topics covered

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

How to apply 23

Q1 How do I apply 23

Q2 What do I need to do before I apply 23

Q3 I am a sole practitioner ndash what applications do I need to submit 23

Q4 Can I still apply if I have not yet acted as ICL 23

Q5 How long does it take to complete the application 23

Q6 What can I do if I need help applying 24

Q7 Do I need to sign the application form 24

Q8 What is the panel membership model 24

Q9 Why must a firm employing an ICL also apply for panel membership 24

Q10 What should an applicant consider about before applying 24

Q11 When does firmrsquos membership of the ICL panel become effective 24

Q12 Is an ICL Panel member automatically eligible for membership of other panels 25

Entry requirements 25

Q13 What are the individual entry requirements 25

Q14 What is my ATLAS user ID as required on the individual application form 25

Q15 What does lsquocomplex matterrsquo mean (Requirement 4) 25

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4) 26

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before 26

Q18 Can I use the same matters to meet requirements 4 and 5 26

Q19 What is the difference between the entry requirements and the assessment guidelines 26

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment

guidelines 26

When to apply 26

Q21 Is there a deadline for applications 26

Q22 What does it mean that the panel is continuously open 27

Exemptions 27

Q23 How do I request an exemption 27

Q24 How are exemption requests assessed 27

Q25 What if my exemption request is refused 27

Q26 What issues are considered for special circumstances exemptions 27

Q27 Can I apply for more than one exemption 28

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an

exemption 28

Q29 Why are there no exemptions available for firm or general individual entry requirements 28

Assessment of applications 28

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

22

Q30 How are applications assessed 28

Q31 How long will it take for my application to be assessed 28

Q32 What can I do if my application is refused 28

Conditions for inclusion on the panel 29

Q33 Why do we send a Panel Agreement 29

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

23

How to apply

Q1 How do I apply

The Information package Independent Childrenrsquos Lawyer Panel provides full details of how to

apply

Individual practitioners apply for membership by submitting an individual application form

Application forms are available from the Independent Childrenrsquos Lawyer Panel page of VLArsquos

website (httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q2 What do I need to do before I apply

Before you apply it is highly recommended that you take time to familiarise yourself with

Information package Independent Childrenrsquos Lawyer Panel especially the Independent

Childrenrsquos Lawyer Panel individual entry requirements (including assessment guidelines) and

the Independent Childrenrsquos Lawyer Panel individual application form

You may wish to factor in time to consider the information in the materials and your application

before you complete the application form

As part of the application you are required to articulate complex matters you have undertaken

including the issues involved If you acted as ICL you may describe how you handled the issues

involved in the matter If you are a family lawyer and have not yet acted as ICL you may

describe a matter where another ICL acted However you will need to consider how you would

have handled the issues had you acted as ICL yourself

You may like to allow yourself time to thoroughly consider the matters you wish to describe in

your written responses and if necessary time to think about the matter from an ICLrsquos

perspective before completing the application

Q3 I am a sole practitioner ndash 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

Q4 Can I still apply if I have not yet acted as ICL

Yes The entry requirements have been designed to allow appropriately qualified new ICLs to

be included on the panel

If you have not acted as an ICL before you may describe matters you have had carriage of as a

family lawyer in your written responses You will need to think about how you would have

handled issues as an ICL for the written outlines in response to question 18 on the application

form

Q5 How long does it take to complete the application

The estimated timeframe for completing the application is four hours this includes time to

familiarise yourself with the information package and entry requirements time to think about

matters you have undertaken and how these meet the requirements and time to prepare

answers before completing the form

It may take less or more time for each individual applicant

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

24

Q6 What can I do if I need help applying

Practitioners and firms are welcome to contact VLArsquos Panels Coordinator for assistance with the

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

The Panels Coordinator can be contacted via email at panelsvlavicgovau or by phone on

(03) 9606 5264

Q7 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

Q8 What is the panel membership model

Detailed information about the panel membership model can be found in this document at

Conditions of panel membership

Q9 Why must a firm employing an ICL also apply for panel membership

As part of VLArsquos panels membership model both the firm and the practitioners in the firm must

be able to meet the specified entry requirements to be eligible for inclusion on a section 29A

panel

The membership model reflects that quality legal representation is influenced not just by the

skills and capacity of the individual practitioner in the firm but also by the infrastructure

processes and tools a firm has in place to support its practitioners to do their work well

Q10 What should an applicant consider about before applying

Firms only need to make 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

The firm must check all relevant panel boxes in answer to question 7 on the firm application

form

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

panels

If the firm wishes to be included on the ICL panel only it does not need to complete the

supervision section of the form If the firm does not complete this section the application is

considered to be a lsquopartial applicationrsquo which is sufficient for the ICL Panel However if it

wishes to be included on any other panel it must complete every section of the form ndash a lsquofull

applicationrsquo

Q11 When does firmrsquos membership of the ICL panel become effective

For a panel membership to the ICL panel to become effective at least one ICL within the firm

must also be found suitable for inclusion on the ICL panel

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

25

Q12 Is an ICL Panel member automatically eligible for membership of other panels

Generally practitioners must submit a panel specific application for each panel they wish to be

included on

However ICL Family Law and Child Protection Panel members will automatically be eligible for

inclusion on VLArsquos Family Violence Panel

Entry requirements

Q13 What are the individual entry requirements

Individual entry requirements describe the specific skills and capacity required for a practitioner

applying for membership of the Independent Childrenrsquos Lawyer Panel

Individual entry requirements can be found in the ICL Information Package link on the

Independent Childrenrsquos Lawyer Panel page of VLArsquos website

(httpwwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsindependent-

childrens-lawyer-panel)

Q14 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 firmrsquos ATLAS administrator to create your user ID before

you apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer 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 can apply for the Independent Childrenrsquos Lawyer Panel

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

form on the Register to use ATLAS page of VLArsquos website

(httpswwwlegalaidvicgovauinformation-for-lawyerspractitioner-panelsregister)

Q15 What does lsquocomplex matterrsquo mean (Requirement 4)

A lsquocomplex matterrsquo is one that involves issues that require a high degree of skill and knowledge

to handle

The complexity guide has been developed to provide direction on what issues VLA considers

contribute to making a matter complex

The written outline for each matter must expand on the issues identified on the complexity guide

sheet and address the specific issues that made that particular matter complex

Applicants may address any issues that created complexity for their individual matters even

where these are not on the complexity guide sheet The number of points for issues not covered

on the complexity guide sheet will be assigned by VLA as part of assessment

A matter must achieve a total of six points (including any points assigned by VLA for issues not

on the complexity guide sheet) to be deemed complex

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

26

Q16 What does lsquoprepared for final hearingrsquo mean (Requirement 4)

Prepared for final hearing means that the matter must have been listed for final hearing and all

necessary information obtained and case planning done to prepare the matter for the hearing

but the matter may be resolved before the final hearing occurs

In submitting outlines of matters that have been prepared for final hearing practitioners

demonstrate their ability to run a matter from start to finish and to handle the issues that created

complexity over the lifespan of the matter even if a resolution is negotiated before the final

hearing

Q17 Can I still meet requirements 4 5 and 6 if I have not acted as an ICL before

Yes Applicants may have acted as an ICL or as a family lawyer for the matters meeting these

requirements

The matters meeting requirement 4 must have involved an ICL but these may either be matters

where the applicant has acted as ICL or another ICL has acted (ie the applicant has acted as a

family lawyer in a matter where an ICL was appointed) Matters meeting requirements 5 and 6

do not necessarily need to have involved an ICL

Q18 Can I use the same matters to meet requirements 4 and 5

Yes If the same matters meet both requirements you may when responding to requirement 5

expand on the matters described in your response to requirement 4

Q19 What is the difference between the entry requirements and the assessment guidelines

The entry requirements define the key areas of experience or qualifications that the practitioner

must have to be included on the panel

The entry requirements are supported by the assessment guidelines

The assessment guidelines must be read in conjunction with the entry requirements as they

expand on how VLA will assess the practitionerrsquos ability to meet the entry requirements and

provide essential information to guide responses

Q20 What do lsquopractitioner declarationrsquo and lsquofirm declarationrsquo mean in the assessment guidelines

Where the assessment guidelines refer to practitioner or firm declaration it means that for the

purposes of the application VLA will accept the applicant practitioner or firmrsquos declaration that

they do meet that requirement without the requirement to attach proof to the application

However applicants must be able to demonstrate how they meet the requirement if requested

by VLA (for example by submitting relevant supporting documentation or explaining the system

or infrastructure they have in place to meet the requirement)

When to apply

Q21 Is there a deadline for applications

You may apply at any time as the panel is continuously open

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

27

Q22 What does it mean that the panel is continuously open

It means that a private practitioner who meets the panel entry requirement and wishes to be

able to do legally aided ICL work can apply at any time

Exemptions

Q23 How do I request an exemption

You may request any exemptions you require at part 8 of the panel 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 completing the exemption request you must specify which requirement andor 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

Q24 How are exemption requests assessed

Exemption requests are assessed when the application is assessed

Common exemptions are granted to all applicants who meet the eligibility criteria unless

multiple common exemptions are requested Where 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 the panel selection committee will also set any conditions applicable

to the exemption when deciding the outcome of the request

Q25 What if my exemption request is refused

If a common exemption request is refused you may either use one of the alternative options

provided in the common exemptions table or you may consider whether special circumstances

may apply to your case

If a special circumstances request is refused you will be provided with reasons for the refusal

You may then reapply for the panel when you are able to meet the requirements

VLA does not offer review of decisions on exemption requests

Q26 What issues are considered for special circumstances exemptions

Special circumstances exemptions are designed to be responsive to individual 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 Consideration may be given to any significant andor unavoidable circumstance that

has disrupted the applicantrsquos 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

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

28

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

Q27 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

Q28 Is a lower quality standard allowed of panel practitioners who are subject to an exemption

No All panel practitioners must perform to the same quality standard when on the panel

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

Q29 Why are there no exemptions available for firm or general individual entry requirements

Firm and general individual requirements are seen as the most fundamental requirements a firm

or individual practitioner must be able to meet to be able to provide legal aid services

Assessment of applications

Q30 How are applications assessed

During the panels review process applications are considered by the executive director Legal

Practice based on materials provided VLA knowledge of the applicant internal VLA records

and publicly available records

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

panel members will be for a maximum of 12 months

Q31 How long will it take for my application to be assessed

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

Q32 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 lead 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 an unfavourable decision This is intended to allow

enough time to address the reasons concerns and issues underpinning an unfavourable

decision before reapplying

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC

Victoria Legal Aid

Independent Childrenrsquos Lawyer Panel information package

29

Conditions for inclusion on the panel

Q33 Why do we send a Panel Agreement

The Panel Agreement outlines the basis of inclusion on the ICL Panel

  • Title
  • TOC