Guideline 5 – application to revoke a protection order in the Children’s Court (Family Division)
(a) Guideline guidance notes
Victoria Legal Aid (VLA) may grant funding for a child or parent to initiate or respond to an application to revoke a family reunification order where the reasonable prospects requirements of guideline 5 are satisfied.
VLA may grant funding for a child to initiate or respond to an application to revoke a family reunification order, care by secretary order or a long term care order and there are reasonable prospects of the revocation being made.
Example - a young person who is placed in a residential care experiences abuse by another young person who lives at her unit. She applies for a case plan review seeking a change of placement. DFFH decides the young person should remain in the same placement. The young person has the ability to live independently. She will be funded to apply to revoke the Care by Secretary Order.
Note: Opposing a DFFH application to vary or extend a final order is separately covered under guidelines 1 and 2.
(b) Other eligibility criteria
If person is a parent – the VLA means test and State reasonableness test must also be met. Ongoing satisfaction of these criteria is required.
If person is a child – the VLA means test does not apply. If the child is not initiating the application to revoke, the State reasonableness test should be assessed as satisfied. If the child is initiating the application to revoke, then an assessment must be made as to whether the State reasonableness test is met. The legislative requirement for a case plan review under s305(2)(a) of the Children, Youth and Families Act 2005 must also be met.
(c) Grants assessment process
Applications for a broadband grant of legal assistance to revoke a family reunification order can be lodged via the ATLAS simplified grants ‘new application’ template. Note:
- in the ATLAS ‘Matters’ screen, select the ‘Matter Type’ as ‘Prot Order – Revocation’
- in the ‘Court Hearings’ screen, if the client is initiating the appeal, under:
- ‘Are there any court proceedings’ – select ‘Yes – Intended’
- ‘When is the next hearing date?’ – can be left blank
- ‘Court Proceedings Number’ – enter the words ‘Not available’
- ‘Type of orders sought’ – enter ‘Final Orders’.
- in the ‘DFFH’ screen, under ‘Type of DFFH application’ select ‘Revocation’
- extensions to the broadband grant are to be made in accordance with guideline 1 (for child applicants) and guideline 2 (for parent applicants).
Satisfaction of the guideline criteria will be VLA assessed. Information to be included in the grant application is discussed in Documentary requirements.
(d) Documentary requirements
The ATLAS application should include or attach (as applicable):
- a copy of the family reunification order
- an explanation of the basis on which guideline 5 (including the reasonable prospects requirements), and the State reasonableness test, are met
- if responding to an application, relevant court reports and revocation documentation (proof of matter)
- the most recent DFFH report and Court clinic report (if available)
- a case strategy plan.
The lawyer's file should include:
- documentation confirming the outcome of the revocation application
- all other relevant notes supporting evidence and documents as identified in the documentary requirements section.
Reviewed 15 August 2022