Victoria Legal Aid Handbook for Lawyers

Guideline 3 – appeal against interim accommodation order

Victoria Legal Aid (VLA) may provide a grant of assistance for a child or parent to appeal or respond to an appeal against an interim accommodation order (IAO) made in the Children's Court (Family Division) where:

  • the IAO places the child/ren out of the parents’ care
    and
  • there are reasonable prospects of the child/ren being immediately placed in the care of a parent
    and
  • where the person applying for assistance is a parent, that parent has reasonable prospects of the child/ren being placed in their care
    or
  • the IAO places the child/ren in the parent's care
    and
    the child or parent is responding to the appeal initiated by or supported by DFFH and there are reasonable prospects that the interim accommodation order will be upheld.

Documentary requirements

Information to assist lawyers with the grants application and assessment process and documentary requirements is set out in Simplified Grants Process: Notes on the Guidelines.

Simplified grants assessment process

Grants to appeal against an IAO are submitted by way of an extension on the substantive grant and are VLA assessed. Lawyers seeking a grant of legal assistance must submit an application via ATLASExternal Link , uploading the appropriate documents set out under the relevant guideline in Simplified Grants Process: Notes on the Guidelines and retaining on file the remaining documents set out in the notes.

Lawyers are also encouraged to complete a Children's Court (Family Division) worksheet for their file.

Reviewed 30 August 2022

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