16 April 2014
Child Protection Panel key information
Victoria Legal Aid is opening a new section 29A Child Protection Panel, which will replace the
current section 29A Children’s Court (Family Division) Panel.
The Child Protection Panel is a practitioner panel under section 29A of the Legal Aid Act 1978
covering matters undertaken in the Family Division of the Children’s Court under a grant of legal
assistance.
Private law practices (firms) that wish to be included on the Child Protection Panel must submit
expressions of interest by way of firm applications. Private legal practitioners (individuals) employed
by a firm who are seeking approval as Panel Certifiers must also apply, by submitting an individual
application form.
This document provides interested firms and practitioners with practical information about:

How to apply, including Entry requirements and Application forms

When to apply

New panel membership model

Child Protection Panel as an exclusive panel

Assessment of applications

Conditions of panel membership

Exemptions to entry requirements

Transitioning from the current Children’s Court (Family Division) Panel to the new Child
Protection Panel

The Panels Project

Definitions
How to apply
There are two parts to the application process; one part relates to firm inclusion on the panel, and
the other part relates to individual practitioners employed by applicant firms who are seeking
approval to certify grants of legal assistance (Panel Certifier status).
To apply for panel membership a firm must be able to meet the firm entry requirements and must
submit a firm application form.
While membership of the Child Protection Panel is still by firm, the individual practitioners employed
by the firm must now apply for approval as Panel Certifiers on the panel. The firm’s membership on
this panel only becomes effective once the firm application and at least one individual application
have been approved. See New panel membership model on page 3 for more information.
To apply for approval as a Panel Certifier, a practitioner must be able to meet the individual entry
requirements and must submit an individual application form.
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Child Protection Panel key information
It is important to be familiar with the entry requirements, including the assessment guidelines
supporting the requirements, and the contents of the information package before applying for the
panel.
Section 30 general referral panel members who currently undertake legally aided child protection
matters should apply for the new s29A Child Protection Panel to continue receiving grants for new
child protection matters, as the new panel will be opening as an exclusive panel. See Child
Protection Panel as an exclusive panel on page 4 for more information.
Application forms can be found on the forms page of VLA’s website (www.legalaid.vic.gov.au/childprotection-panel).
Entry requirements
The Section 29A panels firm entry requirements outline the requirements for firms seeking inclusion
on any of VLA’s section 29A panels. The firm entry requirements are similar for each panel. Firms
that can meet the entry requirements for the Child Protection Panel meet the requirements for most
section 29A panels.
The Child Protection Panel individual entry requirements outline the requirements for individual
practitioners seeking approval as Panel Certifiers on the Child Protection Panel. These entry
requirements detail the general individual requirements for all panel practitioners (regardless of
which panel they are applying for) and also the specific skill and capacity requirements for
individual practitioners undertaking legally aided child protection work.
The assessment guidelines provided in each of these documents provide essential information
about how VLA will assess applicants against the entry requirements.
Firm and individual entry requirements can be found on the forms page of VLA’s website
(www.legalaid.vic.gov.au/child-protection-panel).
Practitioners who are not able to meet the Child Protection Panel entry requirements may be
eligible for an exemption. See Exemptions to entry requirements on page 7 for more information.
Practitioners approved as Panel Certifiers on the Child Protection Panel are automatically eligible to
be Panel Certifiers on the Family Violence Panel. To be approved for the Family Violence Panel,
the practitioner can simply indicate on the application form that they would also like to be a Panel
Certifier on the Family Violence Panel.
Application forms
Private law practices employing one or more private practitioner applicants must submit a
completed Section 29A panels firm application form. Only one firm application is required per firm
regardless of how many private practitioner applicants it employs.
Private legal practitioners employed by the firm who are seeking approval as Panel Certifiers
must each submit a completed Child Protection Panel individual application form.
Application forms are available from the forms page of VLA’s website
(www.legalaid.vic.gov.au/child-protection-panel).
Forms must be completed electronically and submitted to [email protected]. Paper
applications will not be accepted.
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Child Protection Panel key information
For further information about the application form and process, please refer to the Child Protection
Panel frequently asked questions.
When to apply
Firms that are members of the current Children’s Court (Family Division) Panel, expiring on 31
October 2014, must apply for inclusion on the new Child Protection Panel by 31 July 2014 to be
covered by transition arrangements. At least one private practitioner employed by the firm must
also submit an individual application by 31 July 2014.
Failure to apply by this deadline will mean that the firm or individual is not covered by transition
arrangements while applications are being assessed, which may result in an interruption in the
allocation of new child protection work when the current panel expires. See Transitioning from the
current Children’s Court (Family Division) Panel to the new Child Protection Panel on page 10 for
more information.
New firms and private practitioners can apply at any time, as the new Child Protection Panel are
continuously open. However, firms and practitioners that would like VLA to consider their
applications as soon as possible should apply by 31 July 2014 so their applications can be included
in an early assessment round.
All applications from new or current firms and practitioners that are submitted after 31 July 2014 will
be allocated for assessment according to availability. Wherever possible VLA will attempt to include
late applicants in an early assessment round but where this is not possible these applications may be
deferred for assessment as part of the ongoing four-monthly assessment cycle. For current firms or
practitioners this may result in an interruption in the allocation of work when the current panel expires,
until assessment is complete. Information on timelines for each assessment round is available on the
panels application dates page of VLA’s website (www.legalaid.vic.gov.au/child-protection-panel).
New panel membership model
The new Child Protection Panel introduces a new panel membership model.
This model reflects that quality legal representation is influenced by both the skills and capacity of
the individual practitioners having carriage of matters and by the infrastructure, processes and tools
a firm has in place to support its practitioners to do their work well.
While panel membership is still by firm, the new model introduces a role for individual practitioners
within the firm who are offered Panel Certifier status. While all partners, directors and employees of
a member firm are also considered to be included on the panel, and can work on legally aided
matters, only Panel Certifiers within the firm can apply for grants of legal assistance.
As such, a firm’s membership is only active when practitioners employed by the firm have been
approved by VLA as Panel Certifiers.
The membership model introduces three categories of practitioners within a member firm:
 level one Panel Certifiers – practitioners who demonstrate strength in the experience, skill and
capacity required
 level two Panel Certifiers – practitioners who demonstrate the experience, skill and capacity
required
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Child Protection Panel key information
 non-certifiers – practitioners who are not yet able to meet the entry requirements to be Panel
Certifiers and who are only eligible to work on legally aided child protection matters under the
supervision of a Panel Certifier.
Practitioners who are approved as Panel Certifiers will receive a personal Panel Certifier
Acknowledgement. Panel Certifier status and the Panel Certifier Acknowledgement are portable
between employing firms. However, the employing firm must be a member of the panel for the
individual’s certification status to be active.
Accountability
While the firm retains overall accountability for the quality of all work delivered by the firm to legally
aided clients, each certifier will now be accountable for the quality of work on matters they have
certified, whether it is done by themselves or by other members of the firm.
Child Protection Panel as an exclusive panel
When the new Child Protection Panel opens on 1 November 2014, it opens as an exclusive panel.
This means that firms and practitioners will need to be on this panel to receive grants of legal
assistance for new child protection matters.
An ‘exclusive’ panel is a section 29A panel covering a specific area of law, where grants of
assistance for matters covered by that specific panel can only be allocated to members of that
panel. A firm that is a member of the section 30 general referral panel only is not able to receive
grants for matters covered by exclusive panels.
If a firm or practitioner who is not on the section 29A Child Protection Panel lodges an application
for a grant of legal assistance for a child protection matter, the matter will be transferred to a
member of that panel or to VLA’s in-house practice.
VLA already operates exclusive panels, for example the Indictable Crime Panel and Independent
Children’s Lawyer Panel.
Exclusive panels ensure that clients are represented by practitioners with the skill, capacity and
experience to be doing good quality work on the types of matters covered by the panel.
The new Child Protection Panel is being established as an exclusive panel to ensure that only firms
and practitioners with the necessary skills and capacity required to handle child protection matters
are allocated that work.
Under the new panel membership model all section 29A panels are continually open, which means
that applications for inclusion or Panel Certifier Status on the section 29A Child Protection Panel
can be submitted at any time.
Assessment of applications
Applications are assessed by a Child Protection Panel Selection Committee.
Child Protection Panel Selection Committee
There are two Child Protection Panel Selection Committees. The Child Protection Panel Selection
Committees are alternately chaired by VLA’s Director Family, Youth and Children’s Law and
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Child Protection Panel key information
Program Manager Child Protection or their delegate, and both include a senior VLA lawyer or their
delegate.
Assessment process
Applications are assessed on the basis of all materials provided, committee members’ personal
knowledge of the applicant, stakeholder advice and information from internal and publicly available
records.
Assessment is performed in two stages. First, each Panel Selection Committee member makes an
initial, individual assessment. Then the application is put before the whole Panel Selection
Committee for formal assessment.
The selection committee may defer discussion of an application to seek further information from the
applicant, or any other relevant party, that is required to make the assessment. Final assessment
may involve participation from an external stakeholder.
If the selection committee intends not to include an applicant firm, or not to offer Panel Certifier
status to an applicant practitioner, it will notify the applicant of its intention and outline its reasons,
and allow the applicant to provide written submissions addressing the reasons, within a set
timeframe, before a decision is made.
Decisions
The Chair of the Panel Selection Committee makes the final decision.
Where the Chair decides to not include an applicant firm, or to not offer Panel Certifier status to an
applicant practitioner, the Chair will provide reasons for the decision in writing.
Review
VLA does not offer a review of its decision.
However, if refused, an applicant may reapply six months after receiving an unfavourable decision.
This is intended to allow the applicant sufficient time to address the reasons, concerns and issues
underpinning the unfavourable decision before reapplying.
Conditions of panel membership
Successful firm applicants will be offered a panel contract in the form of a Panel Deed, which sets
out the conditions of panel membership.
Successful individual applicants will be offered a certifier contract in the form of a Panel Certifier
Acknowledgement which sets out the conditions of approval as a Panel Certifier.
The firm Panel Deed must be signed by an appropriately authorised representative of the firm. The
Panel Certifier Acknowledgement must be signed by the individual applicant.
Because work on the Panels Project is not due to be finished until December 2014, successful firm
applicants will initially be offered an interim Panel Deed. The conditions of panel membership in the
interim Panel Deed will, for the most part, reflect those outlined on the Section 29A panels
conditions page of VLA’s website (www.legalaid.vic.gov.au/panels-conditions).
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Child Protection Panel key information
This interim Panel Deed is necessary because, at the time of the panel opening, project work to
review the conditions for panel membership relating to ongoing panel management, monitoring and
removal processes has not been completed. Once the Panels Project has been completed, panel
firms will automatically be offered the final Panel Deed to replace the interim Panel Deed, to cover
the remainder of the panel membership period.
The Panel Certifier Acknowledgement is not affected by ongoing project work and, as such, will not
change for the remainder of the period of approval as a Panel Certifier.
An overview of the specific conditions is included in the following table:
Requirement of Section 29A of the Legal Aid Act 1978 Specification
(3)(b)(i) Qualifications and experience that a private law
practice or private legal practitioner included on the panel
must have or the part of the State within which their
principal place of practice must be located
Private law practice: Section 29A
panels firm entry requirements
Private legal practitioner: Child
Protection Panel individual entry
requirements
(3)(b)(ii) the period (not exceeding 5 years) during which
Private law practice: 5 years
a private law practice or private legal practitioners may be
Private legal practitioner Panel
included on the panel
Certifier status:
Level one Panel Certifier – 5 years
Level two Panel Certifier – 3 years
(3)(b)(iii) the basis on which payment will be made to any
private law practice or private legal practitioner included
on the panel for services performed as a panel member
on behalf of an assisted person
As outlined on the Section 29A
panels conditions page
www.legalaid.vic.gov.au/panelsconditions and VLA Handbook for
Lawyers
(3)(b)(iv) performance standards in relation to the
provision of services by panel members
As outlined on the the Section 29A
panels conditions page
www.legalaid.vic.gov.au/panelsconditions
(3)(b)(v) requirements with respect to the making of
reports to VLA and the keeping of records that must be
complied with by panel members in respect of the
performance of services on behalf of assisted persons
As outlined on the Section 29A
panels conditions page
(3)(b)(vi) the grounds on which, and process by which, a
private law practice or private legal practitioner may be
removed from the panel
As outlined on the Section 29A
panels conditions page
www.legalaid.vic.gov.au/panelsconditions
www.legalaid.vic.gov.au/panelsconditions
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Child Protection Panel key information
For further information on the Panel Deed, please refer to the Child Protection Panel frequently
asked questions.
Panel Deed authority and timelines
Each successful firm applicant will receive an electronic offer of inclusion along with the Panel
Deed. The offer of inclusion is valid for 28 days.
Applicants must print two copies of the Panel Deed, sign both originals and return them to VLA
within 28 days of the offer of inclusion. Failure to meet this deadline will mean that the applicant will
need to reapply for inclusion, which may result in an interruption in the allocation of new work.
VLA will countersign both documents and return one to the applicant.
Applicants should expect a lead time of up to 10 working days after VLA receives the appropriately
signed Panel Deed for their panel membership to be activated.
Panel Certifier Acknowledgement authority and timelines
Each successful individual applicant will receive an electronic offer of Panel Certifier status along
with the Panel Certifier Acknowledgement. The offer of Panel Certifier status is valid for 28 days.
The Panel Certifier Acknowledgement is executed as a deed poll and must be signed by the
individual certifier and returned to VLA in hardcopy within 28 days of the offer. Failure to meet this
deadline will mean that the applicant will need to reapply for approval as a Panel Certifier, which
may result in an interruption in the allocation of new work.
Applicants should expect a lead time of up to 10 working days after VLA receives the appropriately
signed Panel Certifier Acknowledgement for their certification rights to be activated.
Exemptions to entry requirements
The entry requirements have been designed to cover the infrastructure, processes and tools (for
firms) and the experience, skills and capacity (for individuals) that VLA believes are essential for a
firm and its practitioners to be providing high quality services to legally aided clients.
VLA recognises that some aspects of the individual entry requirements may be difficult for individual
practitioners to meet under some circumstances and in some rural areas. As such, VLA offers
some exemptions to the entry requirements for individuals.
Exemptions have been designed to allow some flexibility to the entry requirements in order to
ensure adequate regional coverage and ensure that good practitioners are not excluded
unnecessarily, where granting the exemption will not compromise the overall quality of
representation for legal aid clients.
Exemptions are only available for individual practitioners. There are no exemptions for firm
requirements for the Child Protection Panel.
VLA offers two types of exemptions:
 Common exemptions, which are available to all applicants who meet the eligibility criteria for
that exemption (though an application with a request for multiple common exemptions may be
considered unfavourably by VLA).
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Child Protection Panel key information
 Special circumstances exemptions, which are assessed on a case-by-case basis taking
into account relevant factors, including the need for geographical coverage. Special
circumstances exemptions are unique to individual applications and, as such, do not create a
precedent for other practitioners or future applications.
Child Protection Panel common exemptions
Common exemptions are available for the Child Protection Panel individual entry requirements
listed below.
Requirement A1
Aspect of requirement: 5 years recent experience
Exemption eligibility: applicants who have had 5 years experience in child protection but not all of
the experience was gained recently due to parental or other extended leave
Exemption condition(s): practitioners must have had 5 years experience, including the equivalent of
at least 30% of a fulltime workload representing families in child protection matters in the Family
Division of the Children’s Court, within the previous 7 years
Alternative options: the applicant may be offered level two Panel Certifier Status if they meet the
entry requirements for that level
Requirements A2 and C2
Aspect of requirement: 2 complex files including at least:
 one acting on behalf of a parent with a mental illness or intellectual disability
 one acting on behalf of a child
 one involving a submissions contest
Exemption eligibility: applicants who have been on parental or other extended leave
If the practitioner cannot meet all three criteria using two files, they may submit three files.
If the practitioner has had carriage of two files meeting all three criteria they must submit those as
their files.
Exemption condition(s): submit three files to meet all criteria
Alternative options: practitioners can wait until they have had carriage of enough files meeting the
criteria
Requirements A2 and C2
Aspect of requirement: 12-month timeframe for files
Exemption eligibility: parental or other extended leave
This exemption can only be requested if the practitioner has not had any files meeting the criteria in
the last 12 months. If the practitioner has had carriage of files meeting the criteria during the 12month period they must submit those files.
Exemption condition(s): submit files to meeting the criteria legally finalised within the last 24
months.
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Child Protection Panel key information
Alternative options: practitioners can wait until they have had carriage of enough files meeting the
criteria to apply
Requirement C1
Aspect of requirement: 2 years recent experience
Exemption eligibility: applicants who have had 2 years experience in child protection but not all of
the experience was gained recently due to parental or other extended leave
Exemption condition(s): practitioners must have had 2 years experience, including the equivalent of
at least 30% of a fulltime workload representing families in child protection matters in the Family
Division of the Children’s Court, within the previous 3 years
Special circumstances exemptions
Exemptions not listed as common exemptions will only be considered where special circumstances
exist.
Applicants who do not meet all the entry requirements but who are practising in a geographical area
with limited coverage by legal aid service providers are encouraged to apply for a special
circumstances exemption. See the Child Protection Panel frequently asked questions for more
information.
If a special circumstances exemption is granted, VLA will stipulate the condition/s of the exemption.
Conditions for a special circumstance exemption will be decided on a case-by-case basis in
consultation with the applicant.
Requesting exemptions
Exemptions can be requested at part 4 of the Child Protection Panel individual application form.
Before requesting an exemption applicants are expected to self-assess whether they may be eligible.
To guide the self-assessment process applicants are expected to consider the following:
1. Is there a common exemption available for that requirement?
2. Am I eligible for that exemption?
3. If I am eligible, am I willing and able to accept and meet the conditions of the exemption?
Or, if I am not eligible, do special circumstances apply in my case?
If your self-assessment indicates that you are not eligible for an exemption, you should consider
whether you wish to apply for approval as a Panel Certifier on the panel at a later stage when you
will no longer require the exemption or, if special circumstances apply in your case, whether you
wish to apply for a special circumstances exemption.
For further information on exemptions please refer to the Child Protection Panel frequently asked
questions.
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Child Protection Panel key information
Transitioning from the current Children’s Court (Family Division) Panel to the
new Child Protection Panel
VLA has developed a panel transition arrangement that ensures that current panel members and
their clients are affected as little as possible by VLA transitioning from the current Children’s Court
(Family Division) Panel to the new Child Protection Panel.
The transition arrangement entails that:
 all current panel members (firms and at least one applicant practitioner per firm) who meet the
31 July 2014 application deadline will automatically be deemed interim members of the new
panel when it opens on 1 November 2014 (and subject to associated terms and conditions)
until the Panel Selection Committee has assessed their applications
 any current panel member firms and their practitioners who do not apply by the 31 July 2014
will be able to certify grants for child Protection matters until the current Children’s Court
(Family Division) Panel expires on 31 October 2014. After that time they will not be allocated
new matters until their applications have been assessed
 new applicants who meet the 31 July 2014 deadline will be given priority when prioritising
applications for assessment by the Panel Selection Committee
 current panel members and new applicants who miss the 31 July 2014 deadline will be
allocated for assessment according to availability when all applications received by 31 July
2014 have been assessed. Wherever possible, VLA will attempt to accommodate late
applications in the initial assessment rounds, however, this is subject to availability
 all current panel members who do not wish to be included, or who are not offered inclusion, on
the new Child Protection Panel will be able to finalise work on existing matters.
The Panels Project
In 2012 VLA launched the Panels Project – a comprehensive review of the management and
operation of VLA’s section 29A specialist panels.
The Panels Project consists of three phases, covering the development of new processes and
standards related to the establishment of panels (phase I), ongoing management and monitoring of
panels (phase II) and processes related to removal from a panel (phase III).
VLA has completed phase I for the Child Protection Panel and is now ready to open this panel as
part of the project. This panel opening follows on from two pilot panel openings: the Independent
Children’s Lawyer Panel and Indictable Crime Panel on 17 July 2013 and 14 August 2013,
respectively and from the opening of the Summary Crime Panel on 19 February 2014.
These panel openings are key milestones for the Panels Project. The panels are opened before
phase II and phase III of the project have been completed so that what we learn can be fed back
into the project.
Implications of ongoing Panels Project work for the Child Protection Panel
The ongoing work on the Panels Project has very few implications for applicants.
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Child Protection Panel key information
The main implication for applicants is that some elements of panels management have not been
finalised at the time of application and may change later.
Applicants should note the following key implications of continuing project work for the Child
Protection Panel:

Successful firm applicants will be offered an interim Panel Deed and associated conditions
for panel membership.

Once work is completed on phases II and III of the Panels Project, firm panel members will
automatically be offered the final Panel Deed, with revised conditions covering the
remainder of the panel membership period.

Panel establishment processes and tools may be adjusted after the first intake for the panel
based on what we learn.
Information on changes will be available on the panels page of VLA’s website. Always ensure that you
refer to the latest version of the information package and supporting documents.
Definitions
In this document:
Applicant refers to a private law practice or private legal practitioner submitting an expression of
interest to be included (private law firm), or to be granted Panel Certifier status (private legal
practitioner), on the new Child Protection Panel.
Current Child Protection Panel refers to the Children’s Court (Family Division) Panel expiring on
31 October 2014.
Current panel members refer to firms included on the current Children’s Court (Family Division)
Panel.
New Child Protection Panel refers to the Child Protection Panel being established on 1 November
2014.
Non-certifier refers to an individual practitioner within a member firm who has not been approved
to certify grants of legal assistance.
Panel Certifier refers to an individual practitioner within a member firm who has been approved to
certify grants of legal assistance.
Panel member refers to a member firm and its staff.