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Guidelines for approved private practitioners

Information about how to become an approved private practitioner under the VLA short service schemes.

On this page

This page provides information about how to become an 'Approved practitioner' under the contract for service for Victoria Legal Aid (VLA) short-service scheme.

A private practitioner who wishes to participate in an agreed Private Practitioner Short Service Scheme must be approved. You must also complete a duty lawyer orientation session in the role and associated procedures.

How to become approved

To become an approved private practitioner in VLA’s short-service scheme, you will be asked to provide information about your: advocacy experience, subject matter expertise, duty lawyer experience and other relevant matters which could assist in assessment of your application.

Your application will be assessed on this information provided, and information from internal and publicly available records.

If you meet the criteria

VLA will individually endorse practitioners by assessing them as skilled and capable of providing high quality legal services.

If the assessment panel is satisfied that you meet the relevant criteria, they will make a recommendation to the director, legal practice (or their delegate) for approval.

VLA will confirm if there is any availability to deliver short-service work depending on your nominated location and area of law.

Approval criteria

These criteria vary depending on the area of law and jurisdiction you want to be approved for.

Summary crime matters

To be eligible to conduct short service work for summary crime matters all of the following apply, you:

  • or at least one employee at your firm must be a current Individual Certifier of the s29A Summary Crime Panel
  • have accrued an appropriate number of attendances at court observing and appearing under the supervision of an experienced duty lawyer. In other words, you have observed and appeared under supervision in a sufficient number of criminal law cases to enable you to competently perform the functions of a duty lawyer without supervision
  • have six months post admission experience and appeared in the Magistrates' Court in which the police were the other party or have otherwise gained substantial relevant experience as an advocate.

Family violence matters

To be eligible to conduct duty lawyer services for family violence matters, all of the following apply, you:

  • or at least one employee at your firm must be a current Individual Certifier on a s29A panel
  • must complete VLA’s Client Safety Framework training prior to applying to conduct duty lawyer services for family violence matters
  • have accrued an appropriate number of attendances at the Magistrates’ Court observing and appearing under the supervision of an experienced duty lawyer. In other words, you have observed and appeared under supervision in a sufficient number of intervention order related cases to enable you to competently perform the functions of a duty lawyer without supervision or have otherwise gained substantial relevant experience as an advocate.

Child protection matters

To be eligible to conduct duty lawyer services for child protection matters both of the following apply:

Youth crime matters

To be eligible to conduct duty lawyer services for youth crime matters, both apply:

  • you or at least one employee at your firm must be a current Individual Certifier of the youth crime subset of the s29A Summary Crime Panel
  • have experience and skills required to deliver high quality services to children.

Duration of approval

You are approved to deliver short-service work for the duration of your PPSSS firm contract.

Being an approved practitioner does not guarantee a minimum amount of work, or the allocation of a particular number of matters or rostered sessions, to you or your firm during the term of your PPSSS firm contract.

Re-approval

If, having ceased work, you later wish to resume it, you will have to seek re-approval (by any of the methods above).

You may not need to seek re-approval if both apply:

  • your period of absence from Private Practitioner Short Service Scheme work was less than two years
  • the scheme co-ordinator is satisfied that you have, during the period of absence, maintained the necessary knowledge and skill required for the performance of short service scheme work.

Temporary approval

In emergency situations (for example, where the rostered duty lawyer cannot attend court and no other duty lawyer is available) scheme co-ordinators are permitted to grant temporary approval to a practitioner after consulting with the coordinator private practitioner short legal services.

Temporary approval will be effective for one court attendance or for as long as the emergency situation lasts.

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