accept this is sufficient to keep the child safe. The mother has good prospects of success in getting the child placed with her, with the father out of the house. The mother should apply for aid to appeal the DHHS application. (b) Other eligibility criteria If applicant is a parent The VLA means test (as defined) and State reasonableness – test (as defined) must also be met. Ongoing satisfaction of these criteria is required. If applicant is a child The VLA means test does not apply. If the child is not initiating – the appeal, the State reasonableness test should be assessed as satisfied. If the child is initiating the appeal, then an assessment must be made as to whether the State reasonableness test (as defined) is met. (c) Grants assessment process An application for a grant of legal assistance to appeal an interim accommodation order can be lodged via the ATLAS simplified grants template. Note: ‘extension’ in the ATLAS screen, select the as Court ‘Matters’ ‘Matter Group’ ‘Children’s (Family notwithstanding that the appeal will be held in the Supreme Division)’, Court in the screen, if the client is initiating the appeal, under: ‘Court Hearings’ there any court - select ‘Are proceedings’ ‘Yes – Intended’ is the next hearing - can be left blank ‘When date?’ do you have to - select ‘Which court/tribunal go to?’ ‘Supreme Court’ - enter the words ‘Court Proceedings Number’ ‘Not available’ of orders - enter ‘Type sought’ ‘Interim Orders’ Satisfaction of the guideline criteria will be VLA assessed. Information to be included in the grant application is discussed below. (d) Documentary requirements The ATLAS application should include or attach (as applicable): an explanation of the basis on which guideline 3 (including the reasonable prospects requirements), and the State reasonableness test, are met if responding to an appeal, relevant court reports and appeal documentation (proof of matter) the most recent DHHS report and Court clinic report (if available) or, if not available, the protection application details of orders sought by the parties and the file should include: lawyer’s documentation confirming the outcome of the appeal
accept this is sufficient to keep the child safe. The mother has good prospects of success in getting the child placed with her, with the father out of the house. The mother should apply for aid to appeal the DHHS application. (b) Other eligibility criteria If applicant is a parent – The VLA means test (as defined) and State reasonableness test (as defined) must also be met. Ongoing satisfaction of these criteria is required. If applicant is a child – The VLA means test does not apply. If the child is not initiating the appeal, the State reasonableness test should be assessed as satisfied. If the child is initiating the appeal, then an assessment must be made as to whether the State reasonableness test (as defined) is met. (c) Grants assessment process An application for a grant of legal assistance to appeal an interim accommodation order can be lodged via the ATLAS simplified grants ‘extension’ template. Note: in the ATLAS ‘Matters’ screen, select the ‘Matter Group’ as ‘Children’s Court (Family Division)’, notwithstanding that the appeal will be held in the Supreme Court in the ‘Court Hearings’ screen, if the client is initiating the appeal, under: ‘Are there any court proceedings’ - select ‘Yes – Intended’ ‘When is the next hearing date?’ - can be left blank ‘Which court/tribunal do you have to go to?’ - select ‘Supreme Court’ ‘Court Proceedings Number’ - enter the words ‘Not available’ ‘Type of orders sought’ - enter ‘Interim Orders’ Satisfaction of the guideline criteria will be VLA assessed. Information to be included in the grant application is discussed below. (d) Documentary requirements The ATLAS application should include or attach (as applicable): an explanation of the basis on which guideline 3 (including the reasonable prospects requirements), and the State reasonableness test, are met if responding to an appeal, relevant court reports and appeal documentation (proof of matter) the most recent DHHS report and Court clinic report (if available) or, if not available, the protection application details of orders sought by the parties and the lawyer’s file should include: documentation confirming the outcome of the appeal
vla-notes-on-the_guidelines-state-family-guidelines.docx