Child Protection Duty Lawyer Guidelines
The Child Protection Duty Lawyer Guidelines set out the different types of services to be delivered by the child protection duty lawyer service, and eligibility criteria for the service. The guidelines must be applied by all practitioners delivering child protection duty lawyer services at Children’s Court (Family Division) locations across Victoria. .
Making a claim
By signing the invoice you are declaring that all details are complete and correct as well as other matters, including:
- you were either rostered or allocated to deliver duty lawyer services on that date
- a duty lawyer record (DLR) has been completed for each appearance noted on the tax invoice under duty lawyer services performed
- you agree to retain and manage the DLRs in accordance with the requirements sets out in .
Submit your claim by email within 30 days, with the reference number provided to you in the acceptance confirmation email, and return to the . The email address for the reporting office will be provided to you in the acceptance confirmation email.
Incorrect or incomplete invoices will be returned to you unpaid for correction or completion.
From 1 January 2023 the fees payable to rostered private practitioner duty lawyers are:
- $172 (GST inclusive) per hour not exceeding $430 if only one matter is allocated
- $172 (GST inclusive) per hour not exceeding $860 for two or more matters allocated.
Payments are rounded off to the nearest quarter hour.
For rostered duty lawyers in Melbourne, Moorabbin and Broadmeadows family division of the Children’s Court, the time payment commences from the time of referral of the first client. At other courts, the time payment commences from the time of arrival at court to meet the client.
Records management for private practitioner duty lawyers
You are required to complete a duty lawyer record for each service noted on the tax invoice.
We comply with our obligations under the Public Records Act 1973. These obligations extend to all Victoria Legal Aid contractors, including private and community legal service practitioners who are funded to perform duty lawyer services.
Accordingly you must retain these records for:
- 25 years from the date of action for child clients
- seven years from the date of action for other clients.
You do not need to attach these records to your claim.
Records should be stored in date order, with records for child clients stored separately.
Records must be stored and destroyed in accordance with your obligation to maintain client confidentiality at all times.
Substantiating your claims
We will inspect nominated duty lawyer records from time to time to verify claims.
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.
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Reviewed 31 December 2022