These checklists, practical tips and handy hints which may be useful references for lawyers practising in the Family Division of the Children’s Court.
Child protection duty lawyer guidelines
Child protection duty lawyer guidelines must be applied by all those delivering child protection duty lawyer services at Children’s Court (Family Division) locations across Victoria including:
- Victoria Legal Aid (VLA) child protection lawyers
- community legal centres
- private practitioners.
Download the guidelines:
What are the guidelines?
These guidelines were developed as part of the Child Protection Transformation program.
The guidelines set out the:
- different types of services to be delivered by the child protection duty lawyer service
- eligibility criteria for the child protection duty service.
For more information about the process that led to this, visit Child Protection Legal Aid Services Review.
Guides
Representing children in child protection proceedings: a guide for direct instructions and best interests lawyers
Download the guide:
What is the guide?
For children to understand and participate in child protection proceedings, they need high-quality legal services tailored to their individual needs.
This guide has been developed to help lawyers acting for children, either on a direct instructions or best interests basis, to carry out their role confidently and effectively.
It draws on the insights and experience of child protection lawyers, as well as young people with experience of the child protection system.
Download the accessible version:
Children's Court Family Division – guide to assessing child capacity and taking instructions from children
Download the guide:
This guide provides handy hints for assessing the capacity of children aged ten or higher. It also helps with advising and taking direct instructions from children.
Other useful resources
You may also find this resource useful:
Developed as part of resources during the COVID-19 period, it can help with considering if it’s appropriate to speak with young people using technology like video calls during difficult times such as COVID-19.
It is to be read in conjunction with the other guides. Visit the page Changes to our services due to COVID-19 for more information.
Checklists
Children's Court Family Division adult/parent capacity checklist
Download the checklist:
This checklist has handy hints for assessing the capacity of adults to give direct instructions. This is particularly useful for parents with mental health or intellectual disability issues, in the Family Division of the Children's Court.
Children’s Court Family Division child capacity checklist
Download the checklist:
This checklist provides handy hints in checklist form for assessing the capacity of children aged ten or higher to give direct instructions in the Family Division of the Children's Court.
This document has been updated to take into account the 2013 amendments to the Children, Youth and Families Act 2005.
Children's Court Family Division – taking instructions from young children
Download the checklist:
This checklist can be used when information has to be given to, and the instructions to be taken from, children capable of giving direct instructions in the Family Division of the Children's Court.
Aboriginal Child Placement Principle in child protection – checklist
Download the checklist:
Use these handy hints in checklist form for tracking whether the child protection system is appropriately managing cases involving Aboriginal or Torres Strait Islander children.
Case strategy
With the introduction of case strategy plan as part of the standard fees in child protection cases, a case strategy document has been prepared to assist practitioners.
Precedents
Precedents in Microsoft Word file format, including different versions of client letters to children, young people and adults, are available to child protection private practitioner panel lawyers by email.
If you would like access to these documents, please contact:
Professional legal education
We have videos and associated materials which may be accessed by child protection private practitioner panel lawyers with recent topics including:
- The Aboriginal Child Placement Principle by France Prasad, Managing Lawyer VACCA
- Child protection basics by VLA Child Protection Managing Lawyer Jenny Anderson and Deputy Managing Lawyer Anna Gibson
- IAO submissions contests by Matthew Strong, VLA In-house Counsel, Family and Children
- Preparing and evidence IAO or final contest by Eric Myles, VLA In-house Counsel, Family and Children
- Grounds for applications in the Family Division of the Children’s Court by Eric Myles
- Orders/Dispositions in the Family Division of the Children’s Court by Eric Myles.
For a full list of available topics or to access the videos and materials email: ple@vla.vic.gov.au
Explore our related pages
- Child protection case planning and reviews.
- Payments and records management for private practitioner duty lawyers in the Family Division of the Children’s Court.
Support from other websites
- Children’s Court of Victoria research materials: these research materials contain comprehensive legal information on the jurisdiction and operation of the Children’s Court of Victoria.
- Australian Institute of Family Studies: via this get access to a practice resources including papers, articles and guides on child and family issues.
- Australian Institute of Family Studies: explore a range of free online webinars from events held by this government organisation
- Commission for Children and Young People: access Commission publications, useful links, resources and support for the Child Safe Standards and the Reportable Conduct Scheme.
- Department of Families, Fairness and Housing – Child Protection Manual: access information used by the Department about statutory child protection policy, procedures and supporting advice. It also contains protocols, practice resources and tools, and links to materials external to the manual that are relevant to child protection practice.
- Victorian Aboriginal Child Care Agency (VACCA): get access to information about the services, resources and events for this state-wide Aboriginal Community Controlled Organisation (ACCO) servicing children, young people, families, and community members in Victoria.
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