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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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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
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
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
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
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
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
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
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
-