The role of an independent children's lawyer
Before you make a complaint about an independent children's lawyer (ICL) it is important to understand their role and think about what you want to achieve by making a complaint.
The role of the ICL in the court process is different from other lawyers. This means that Victoria Legal Aid is limited in how we can assist you to resolve a complaint about an ICL.
The ICL is there to represent the child’s best interest in family law cases. This sometimes means that the ICL may take positions that parents or parties disagree with.
In some family law matters the court may order that an ICL be appointed.
Victoria Legal Aid then arranges for the appointment of an ICL and decides if a grant of legal aid can be approved.
You can read more about the role of an ICL in this document:
Also read about the role of these lawyers on the Federal Circuit and Family Court website.
How we handle complaints about an independent children's lawyer
Victoria Legal Aid may investigate a complaint about whether an ICL has met our practice standards.
However, it is important to understand that the ICL has broad discretion in the way they act as part of their role in representing the child's best interests.
A party, such as a parent, may not agree with the way the ICL is acting or conducting the case, but this does not mean the ICL is acting improperly.
When we may not be able to look into your complaint
You disagree with the views expressed by the ICL
If you disagree with the conclusions or recommendations of your ICL, you should make your own submissions and provide your own evidence to the court, as part of your preparation for your case.
You should also speak to your lawyer about this (if you have one).
You are seeking removal of the ICL or wish to have a new ICL appointed
If you wish to remove the ICL or have a new one appointed, this is a decision that can only be made by the court.
You can make an application to the court for the ICL's removal. You should speak to your lawyer about this (if you have one).
You would like VLA to intervene in current or past court proceedings
VLA does not have the power to directly influence the decision of a court.
Other situations where we may not be able to help
There are other situations where we may not be able to help, including where you have:
- applied to the court to have the ICL removed, and the court has already made a decision on that application
- already made a complaint to the Victorian Legal Services Board and Commissioner (VLSB+C).
Where we may be able to help
If you are the child, or are a parent/guardian, and having read the information on this page you consider that the ICL may have breached VLAs Practice Standards, please contact us using our online form.
You can also contact our Internal Legal Services team by:
- phone: (03) 9280 3789
- email complaints@vla.vic.gov.au
Alternatively, you may make a complaint about the ICL directly to the Legal Services Board and Commissioner.
If you need an interpreter
You can speak to someone in English or ask for an interpreter. If you are deaf or have a hearing or speech impairment, you can use the National Relay Service to call us over the internet on (03) 9280 3789.
Please Speak to us if there are other ways we can support you make your complaint.
How to make a complaint for another person
If you are complaining on behalf of another person, you must have proof that you have their consent.
Without consent we are unable to provide any information, including whether or not a person has a grant of legal aid.
You will need to fill out the Client authority to act form or provide proof of guardianship.
Download the form:
You can send this form by:
- email to complaints@vla.vic.gov.au
post to:
Internal Legal Services
Victoria Legal Aid
GPO Box 4380
MELBOURNE VIC 3001.
In some cases we may be able to confirm consent over the phone.
Privacy and confidentiality
We are committed to protecting and handling the personal information we collect responsibly. More information can be found in Our Privacy policy.
If you are not satisfied with the outcome of your complaint
The Victorian Legal Services Board and Commissioner is also able to receive complaints about, and look into the professional conduct of all Victorian lawyers.
If you are dissatisfied with any decision Victoria Legal Aid has made about you, you may contact the Victorian Ombudsman on 1800 806 314.
The Victorian Ombudsman does not have power to change the decision however they can:
- look into how the decision was made
- make suggestions about how we can prove our decision-making processes in future.
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