Child protection matters

Child protection matters are applications under the Children, Youth and Families Act 2005 sometimes known as:

  • protection applications
  • Department of Families, Fairness and Housing (DFFH) proceedings
  • Children's Court (Family Division) proceedings.

Victoria Legal Aid (VLA) may make a grant of legal assistance to a person in relation to a state family matter under Victorian law if:

If the matter, the proceedings and the person meet these threshold requirements, then VLA will make a grant of legal assistance to respond to an application in the Children's Court (Family Division) if VLA considers that:

  • it is reasonable to make a grant of legal assistance, after having taken into account all relevant matters (the State reasonableness test)
    and
  • the matter is likely to terminate in favour of the applicant.

Child protection guidelines

The Child protection guidelines set out the conditions under which a grant of legal assistance made be made for the following matters:

  • a child:
    • involved in a case in the Children's Court (family division), including an Interim Accommodation Order appeal to the Supreme Court
    • an internal review of a case planning decision made by DFFH
    • an application to Victorian and Administrative Tribunal (VCAT) for external review of a case planning decision
    • to respond to an appeal from a final decision of the Children’s Court (family division) or of the County Court
    • to respond to an application for judicial review of a decision of the Children's Court (family division), County Court or VCAT.
  • a parent, guardian or other interested person:
    • involved in a case in the Children's Court (family division), including an Interim Accommodation Order appeal to the Supreme Court
    • an internal review of a case planning decision made by DFFH
    • an application to Victorian and Administrative Tribunal (VCAT) for external review of a case plan decision
    • to respond to an appeal from a final decision of the Children's Court (family division) or of the County Court
    • to respond to an application for judicial review of a decision of the Children's Court (family division), County Court or VCAT.

Updated