Victoria Legal Aid

Child protection guideline changes

After consultation with the public, legal practitioners and others who work with families involved in the child protection system, we are changing our guidelines covering child protection.

Significant amendments to Victoria’s child protection legislation will change the way child protection matters are handled by the Department of Health and Human Services and the Children’s Court. These changes came into effect on 1 March 2016.

Almost every party who is legally represented in Children’s Court Family Division (Child Protection) proceedings in Victoria is legally aided through a grant of legal assistance.

We need to adjust our child protection funding guidelines to respond to the changing child protection landscape to make sure the availability of legal assistance to children and families is not reduced.

Summary of changes

The guideline changes provide, as much as possible within the revised legislative framework:

  • more intensive efforts earlier in court proceedings to ensure families receive the support and services they need to help with reunification
  • internal administrative reviews of Department of Health and Human Services decisions that have an impact on reunification and external Victorian Civil and Administrative Tribunal reviews, to ensure support is being provided for families to reunify within two years
  • applications to revoke a protection order where a child’s out-of-home care placement has broken down or changed.

The new state family law guidelinesExternal Link came into effect on 1 March 2016.

Consultation and outcomes

In November 2015 we released a consultation paper outlining six proposals which we believed were needed to substitute the current child protection legal aid service to ensure clients continue to receive the same level of representation once the amendments take effect.

Find out more about the consultation process and read the submissions.

Stakeholder feedback informed the development of revised state family guidelinesExternal Link which were considered and approved by the Victoria Legal Aid Board.

Read more about each proposal, including feedback, actions and next steps:

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 18 March 2022

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