Family Law Panel Individual Entry Requirements

6 August 2014

Family Law Panel individual entry requirements

This document outlines the requirements for private legal practitioners to be approved as Panel Certifiers on the section 29A Family Law Panel. Practitioners must meet both the general individual entry requirements and the specific individual entry requirements to be approved as Panel Certifiers on the Family Law Panel. Firms employing the practitioners must meet the firm entry requirements. The Section 29A panels firm entry requirements can be found on the forms page of VLA’s website (www.legalaid.vic.gov.au/firm-panel-forms).

General individual entry requirements These entry requirements must be read in conjunction with assessment guidelines (general individual requirements) on page 2, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the requirements. General individual entry requirements To be approved as a Panel Certifier the practitioner must meet the following requirements: Practising certificate G1 The practitioner must: a Maintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services b Have held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form Misconduct G2 The practitioner must disclose: a Any findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal b Any current or ongoing complaints or investigations into professional misconduct or unsatisfactory professional conduct being handled by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal c Any findings of guilt for any criminal offences other than infringements Engagement and interaction G3 The practitioner must conduct practice professionally and appropriately

1 Victoria Legal Aid Family Law Panel individual entry requirements

Assessment guidelines (general individual entry requirements) The assessment guidelines are a guide to how the general individual entry requirements will be assessed by Victoria Legal Aid. Requirements are assessed as follows: Practising certificate G4 The practitioner must: a Maintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services Practitioner declaration. b Have held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form Practitioner declaration. Misconduct G5 The practitioner must disclose: a Any findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal Practitioner declaration. When assessing any finding VLA will consider whether the conduct: . indicates ‘a material risk of harm to [legal aid] consumers of legal services’ . undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust. VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’. b Any current or ongoing complaints or investigations into professional misconduct or unsatisfactory professional conduct being handled by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal Practitioner declaration. When assessing any complaint or investigation VLA will consider whether the conduct: . indicates ‘a material risk of harm to [legal aid] consumers of legal services’ . undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust. VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’. The application may not be processed until the matter has been determined. c Any findings of guilt for any criminal offences other than infringements Practitioner declaration. When assessing any finding VLA will consider whether the conduct: . indicates ‘a material risk of harm to [legal aid] consumers of legal services’

. undermines VLA’s obligation in section 7(1)(a) of the Legal Aid Act 1978 to ensure that legal aid is provided in a manner which dispels fear and distrust. VLA ‘may give consideration to the honesty, open candour and frankness demonstrated by [the] person in their disclosure’. (Quoted material from the Legal Services Board’s RRP 017 Fit and Proper Person Policy – V2, Dec 2011.) Engagement and interaction G6 The practitioner must conduct practice professionally and appropriately This requirement will be assessed on the basis of VLA Panel Selection Committee members’ personal knowledge of the applicant, stakeholder feedback, information from internal and/or publicly available records and any other matters deemed relevant. Consideration will be given to the practitioner’s: . dealings with clients, other legal professionals, service providers, the judiciary and other relevant parties . complaints records . Compliance records, where relevant . previous dealings and relationship with VLA, where relevant. Family Law Panel individual entry requirements These entry requirements are divided into four pathways. The practitioner must choose one entry pathway and be able to meet all requirements for that pathway.

These entry requirements must be read in conjunction with assessment guidelines (Family Law Panel) on page 4, as the assessment guidelines expand on how Victoria Legal Aid will assess the practitioner’s ability to meet the entry requirements and provide essential information to guide responses.

To be approved as a level one Panel Certifier, a practitioner must: Entry pathway A A1 Have at least 5 years recent experience undertaking family law work, the 3 most recent of which must have included undertaking matters involving one or more of the factors outlined in the assessment guidelines on page 5 A2 Have at least 30% of a fulltime workload comprising family law matters A3 Have had personal carriage of, and have appeared in, at least 5 matters involving different hearing types in the last 12 months. See the assessment guidelines for a list of hearing types A4 Have had personal carriage of at least 2 family law matters legally finalised in the last 24 months including at least a 1 matter that was prepared for final hearing b 1 matter involving family violence and submit:

 (for matters that were prepared for final hearing)1 affidavit and 1 of either Outline of Case, Summary of Argument or brief to counsel  (if one matter was not prepared for final hearing) 1 affidavit and 1 of either ,brief to counsel or preparation and notes used for one hearing undertaken as part of the matter. A5 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s care arrangements that involved a priority client in the last 12 months and submit a written outline reflecting on how the practitioner conducted that appearance A6 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months Entry pathway B

B1 Fit one of the following categories:

B1a Be a LIV Accredited Specialist in family law B1b Have completed Masters in Family Law B2 Have at least 3 years recent experience involving one or more of the factors outlined in the assessment guidelines on page 8 B3 Have had personal carriage of at least 1 family law matter that the practitioner prepared for final hearing within the last 24 months and submit 1 affidavit and 1 outline of case or summary of argument, or brief to counsel prepared as part of the matter

B4 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s care arrangements that involved a priority client in the last 12 months B5 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months Entry pathway C C1 Be a member of the section 29A Independent Children’s Lawyer Panel C2 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months To be approved as a level two Panel Certifier, a practitioner must: Entry pathway D D1 Have at least 2 years recent experience undertaking family law work, including undertaking matters involving one or more of the factors outlined in the assessment guidelines on page 10 D2 Have at least 20% of a fulltime workload comprising family law matters D3 Have had substantial and active involvement in at least 5 matters involving a variety of different hearing types in the last 12 months, and have personally appeared at 3 of the hearing types D4 Have had carriage of at least 2 family law matters in the last 12 months including at least 1 matter involving family violence, and submit written outlines for each matter D5 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s care arrangements that involved a priority client in the last 12 months and submit a written outline reflecting on how the practitioner conducted that appearance

D6 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months Assessment guidelines (Family Law Panel individual entry requirements) The assessment guidelines are a guide to how the Family Law Panel individual entry requirements will be assessed by Victoria Legal Aid. Requirements for level one are assessed as follows: Entry pathway A A7 Have at least 5 years recent experience undertaking family law work, the 3 most recent of which must have included undertaking matters involving one or more of the factors outlined in the assessment guidelines on page 5 Practitioner declaration. The 3 most recent years of experience must have included undertaking matters that involved one or more of the following factors: . the client has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . the client experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . the client is experiencing homelessness . the client identifies as an Indigenous Australian . the client has experienced or is at risk of experiencing family violence . a client whose child has experienced or is at risk of experiencing child abuse or family violence . the client is illiterate . the client has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Matters may be either legally aided or privately funded. A8 Have at least 30% of a fulltime workload comprising family law matters Practitioner declaration. A9 Have had personal carriage of, and have appeared in, at least 5 matters involving different hearing types in the last 12 months. See the assessment guidelines for a list of hearing types The practitioner must have personally appeared in at least 5 of the following types of hearings in the last 12 months . duty list hearing

. interim hearing . directions hearing . docket hearing or case management hearing . mention before a judge . mention before a registrar . first day of a less adversarial trial (LAT) . a case assessment conference in the family court . final hearing. Practitioner declaration. Practitioner must provide ATLAS reference numbers where the matters were legally aided. VLA reserves the right to request the relevant file as part of assessment. A10 Have had personal carriage of at least 2 family law matters legally finalised in the last 24 months including at least c 1 matter that was prepared for final hearing d 1 matter involving family violence and submit 1 affidavit and 1 outline of case or summary of argument or brief to counsel prepared as part of each matter When assessing affidavits and outlines case, summaries of argument or briefs to counsel VLA will look for: . evidence of client care, including assessment of other legal or non-legal problems and any referrals made . the practitioner’s understanding of relevant issues . quality of work done. Practitioner must provide ATLAS reference numbers where the matters were legally aided. VLA reserves the right to request the relevant file/s as part of assessment. A11 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s issues that involved a priority client in the last 12 months and submit a written outline reflecting on how the practitioner conducted that appearance A priority client is a person who meets one or more of the following criteria: . has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . is experiencing homelessness

. identifies as an Indigenous Australian . has experienced or is at risk of experiencing family violence . whose child has experienced or is at risk of experiencing child abuse or family violence . is illiterate . has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Written outlines should focus on how the factors that made the client a priority client, and the child/ren’s age and stage of development, impacted on the way that the practitioner handled the matter and how this was reflected in the agreement reached, and must cover: . the factors that made the client a priority client . why those factors were relevant to the matter . how those factors and the child/ren’s age and stage of development were relevant to the best interests of the child/ren . how those factors impacted and the child/ren’s age and stage of development on the way the practitioner handled the matter . how the agreement reached reflects the practitioner’s consideration of those factors and the child/ren’s age and stage of development . how the agreement reached, or proposals put, reflected the best interests of the child/ren. Maximum 500 words. Practitioner must provide the ATLAS reference number. VLA reserves the right to request the relevant file and/or the RDM file as part of assessment. A12 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months The practitioner must provide details of the CPD, including the: . event . date of training . provider organisation. Entry pathway B B6 Fit one of the following categories: B1a Be a LIV Accredited Specialist in family law Practitioner declaration. VLA may confirm with the Law Institute of Victoria, where necessary. B1b Have completed Masters in Family Law Practitioner declaration. VLA may confirm with the relevant institution, where necessary.

B7 Have at least 3 years recent experience undertaking matters involving one or more of the factors outlined in the assessment guidelines on page 8 Practitioner declaration. These 3 years of recent experience must have included undertaking matters that involved one or more of the following factors: . the client has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . the client experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . the client is experiencing homelessness . the client identifies as an Indigenous Australian . the client has experienced or is at risk of experiencing family violence . a client whose child has experienced or is at risk of experiencing child abuse or family violence . the client is illiterate . the client has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Matters may be either legally aided or privately funded. B8 Have had personal carriage of at least 1 family law matter that the practitioner prepared for final hearing within the last 24 months and submit 1 affidavit and 1 outline of case or summary of argument or brief to counsel prepared as part of the matter When assessing affidavits and outlines case, summaries of argument or briefs to counsel VLA will look for: . evidence of client care, including assessment of other legal or non-legal problems and any referrals made . the practitioner’s understanding of relevant issues . quality of work done. Practitioner must provide the ATLAS reference number. VLA reserves the right to request the relevant file and/or the RDM file as part of assessment. B9 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s care arrangements that involved a priority client in the last 12 months Practitioner declaration. A priority client is a person who meets one or more of the following criteria:

. has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . is experiencing homelessness . identifies as an Indigenous Australian . has experienced or is at risk of experiencing family violence . whose child has experienced or is at risk of experiencing child abuse or family violence . is illiterate . has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Practitioner must provide the ATLAS reference number, where relevant. VLA reserves the right to request the relevant file and/or the RDM file as part of assessment. B10 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months The practitioner must provide details of the CPD, including the: . event . date of training . provider organisation. Entry pathway C C3 Be a member of the section 29A Independent Children’s Lawyer Panel Practitioner declaration. VLA may confirm with internal records, where necessary. C4 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months The practitioner must provide details of the CPD, including the: . event . date of training . provider organisation. Requirements for level two are assessed as follows: Entry pathway D D7 Have at least 2 years recent experience undertaking family law work, including undertaking matters involving one or more of the factors outlined in the assessment guidelines on page 10 Practitioner declaration.

The practitioner’s experience must have included undertaking matters that involved one or more of the following factors: . the client has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . the client experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . the client is experiencing homelessness . the client identifies as an Indigenous Australian . the client has experienced or is at risk of experiencing family violence . a client whose child has experienced or is at risk of experiencing child abuse or family violence . the client is illiterate . the client has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Matters may be either legally aided or privately funded. D8 Have at least 20% of a fulltime workload comprising family law matters Practitioner declaration. D9 Have had substantial and active involvement in at least 5 matters involving a variety of different hearing types in the last 12 months, and have personally appeared at 3 of the hearing types Practitioner declaration. The practitioner must have personally appeared in at least 3 of the following types of hearings in the last 12 months . duty list hearing . interim hearing . directions hearing . docket hearing or case management hearing . mention before a judge . mention before a registrar . first day of a less adversarial trial (LAT) . a case assessment conference in the family court . final hearing.

Practitioners must provide ATLAS reference numbers for legally aided matters and tell us whether they briefed counsel or appeared personally. VLA reserves the right to request the relevant file as part of assessment. D10 Have had carriage of at least 2 family law matters in the last 12 months including at least 1 matter involving family violence, and submit written outlines for each matter Outlines must describe: . the issues involved . how the practitioner handled the issues involved . how the practitioner assisted the client before, during and after the RDM attendance, for matters involving RDM. When assessing written outlines VLA will look for: . evidence of client care, including assessment of other legal or non-legal problems and any referrals made . the practitioner’s understanding of relevant issues . quality of work done. When assessing written outlines involving RDM attendances VLA will also look for: . understanding of the priority client’s needs . how the practitioner understands and promotes the aims of RDM . how well the practitioner prepared for the hearing (including meeting with the client to clarify client’s goals and risks and the history of the dispute) . evidence of a risk and capacity assessment of the client’s ability to participate with a lawyer present (including consideration of the need for a joint or shuttle format) . how the practitioner enabled the client to participate effectively and achieve a positive outcome (e.g. through preparing the client for the hearing, providing advice, negotiating and suggesting resolutions) . how the practitioner’s interventions promoted safe and child-focussed outcomes . evidence of constructive and respectful interactions with the chairperson, the client, other parties and other lawyers or ICLs present . how the practitioner understands their role in the RDM process. Maximum 500 words. The practitioner must provide the ATLAS reference numbers for legally aided matters. VLA reserves the right to request the relevant file and/or the RDM file as part of assessment. D11 Have personally appeared in at least 1 legally aided Roundtable Dispute Management (RDM) attendance, or similar legally assisted family dispute resolution, in relation to children’s care arrangements that involved a priority client in the last 12 months and submit a written outline reflecting on how the practitioner conducted that appearance A priority client is a person who meets one or more of the following criteria:

. has an intellectual disability, diagnosed acquired brain injury, diagnosed psychiatric or psychological illness, diagnosed serious health condition or serious physical disability, which makes that person unable to participate effectively in family dispute resolution without legal representation . experiences cultural barriers, which make that person unable to participate effectively in family dispute resolution without legal representation . is experiencing homelessness . identifies as an Indigenous Australian . has experienced or is at risk of experiencing family violence . whose child has experienced or is at risk of experiencing child abuse or family violence . is illiterate . has a matter currently before the court where the proposal or conduct of a party substantially prejudices the ability of a child to maintain a meaningful relationship with one or both parents. Written outlines should focus on how the factors that made the client a priority client, and the child/ren’s age and stage of development, impacted on the way that the practitioner handled the matter and how this was reflected in the agreement reached and must cover: . the factors that made the client a priority client . why those factors were relevant to the matter . how those factors and the child/ren’s age and stage of development were relevant to the best interests of the child/ren . how those factors impacted and the child/ren’s age and stage of development on the way the practitioner handled the matter . how the agreement reached reflects the practitioner’s consideration of those factors and the child/ren’s age and stage of development . how the agreement reached, or proposals put, reflected the best interests of the child/ren. Maximum 500 words. VLA reserves the right to request the relevant file and/or the RDM file as part of assessment. D12 Have completed at least 5 CPD points covering family law, child development, family violence or mental health topics in the last 24 months The practitioner must provide details of the CPD, including the: . event . date of training . provider organisation.