Victoria Legal Aid

Child Protection Panel frequently asked questions

Child Protection Panel frequently asked questions

These frequently asked questions support theChild Protection Panel key information,Child Protection Panelindividual entry requirementsandthe Child Protection Panelindividual application form.

Topics covered

The following is a quick guide to the information covered in these FAQs:

Using these FAQs

Q1.Who should use these FAQs?

Q2.Am I a firm or an individual?

How to apply

Q3.How do I apply?

Q4.What should a firm think about before applying for panel membership?

Q5.What does an individual need to do before applying to be a Panel Certifier?

Q6.How long does it take to complete an individual application?

Q7.I am a sole practitioner – what applications do I need to submit?

Q8.What can I do if I need help applying?

Q9.Do I need to sign the application form?

Panel membership model

Q10.What is the new panel membership model?

Q11.What is the accountability structure in the new membership model?

Q12.What is an exclusive panel? And what are the implications of the Child Protection Panel being opened as an exclusive panel?

Q13.Will I need to use the simplified grants process when on the panel?

Q14.What is the difference between a level one and level two Panel Certifier?

Q15.When does a firm’s membership become effective?

Q16.How many practitioners in the firm must apply for Panel Certifier status?

Q17.If I am approved as a Panel Certifier on this panel am I automatically eligible for Panel Certifier status on any other panels?

Individual entry requirements

Q18.What are the individual entry requirements?

Q19.What is my ATLAS user ID as required on the individual application form?

Q20.What types of work does the new Child Protection Panel cover?

Q21.What should I think about before choosing an entry pathway?

Q22.I can nearly meet the requirements to be a level one Panel Certifier. Should I wait to apply or apply now to be a level two Panel Certifier?

Q23.What happens if I apply using entry pathway A and the selection committee does not approve my application?

Q24.What do I need to submit when a requirement calls for files? (Requirements A2, B2 or C2)

Q25.What does ‘personal carriage’ of a file mean?

Q26.How do I submit the files and when do I get them back?

Q27.How will my files be managed and stored while in VLA’s care?

Q28.Can I submit non-legally aided files?

Firm entry requirements

Q29.Does the firm need a LIV Accredited Specialist to be on the Child Protection Panel?

When to apply

Q30.Is there a deadline for applications?

Q31.Why is there a deadline for current Children’s Court (Family Division) Panel members to apply?

Q32.Can I just apply for grants of assistance under the section 30 general referral panel if I miss the deadline?

Q33.What are the transition arrangements?

Q34.What happens if a current Children’s Court (Family Division) Panel member misses the application deadline?

Q35.What does it mean that the panel is continuously open?

Exemptions

Q36.How do I request an exemption?

Q37.How are exemption requests assessed?

Q38.What issues are considered for special circumstances exemptions?

Q39.Can I apply for more than one exemption?

Q40.Is a lower quality standard allowed of firms and certifiers who are subject to an exemption?

Assessment of applications

Q41.Why does the Panel Selection Committee have alternate chairs?

Q42.Who is the senior VLA member on the Panel Selection Committee?

Q43.How long will it take for my application to be assessed?

Q44.What can I do if my application is refused?

Q45.How are situations of conflict managed for the Panel Selection Committee members?

Conditions for inclusion on the panel (firms)

Q46.Why does a firm need to sign a Panel Deed?

Q47.What will change from the interim to the final Panel Deed?

Q48.What if a firm does not agree to the conditions of the final Panel Deed?

Q49.What happens if I don’t return the signed Panel Deed within 28 days?

Conditions for status as Panel Certifier (individuals)

Q50.Why do practitioners need to sign a Panel Certifier Acknowledgement?

Q51.What happens if I don’t return the signed Panel Certifier Acknowledgement within 28 days?

Panels Project and implications of ongoing project work

Q52.Why not wait until all project work is finished to open the panels so I know what I am signing up for?

Using these FAQs

Q1.Who should use these FAQs?

These FAQs contain information relevant to both firms applying for inclusion on the Child Protection Panel and to individual practitioners applying for approval as Panel Certifiers on the Child Protection Panel.

Q2.Am I a firm or an individual?

The firm is the private legal practice that employs one or more private legal practitioners (individuals). A nominated contact person who has been given authority to act as VLA’s point of contact for the application process represents the firm when engaging with VLA about the application.

An individual is any private legal practitioner who is employed by an applicant firm or is a partner of that firm.

Firms apply for membership of the panel, individuals apply for approval as Panel Certifiers. See also Q10.

A sole practitioner is both the firm and an individual practitioner and,as such, must submit both a firm and individual application. See also Q7.

How to apply

Q3.How do I apply?

Firms apply for membership by submitting a firm application form.

Each individual practitioner employed by an applicant firm can apply for approval as a Panel Certifier by submitting aChild Protection Panelindividual application form. See the Child Protection Panelkey information for full details of how to apply.

Application forms can be found on the forms page of VLA’s website (

Q4.What should a firm think about before applying for panel membership?

Firms only need to submit one application to be considered for inclusion on the range of section 29A panels. When a firm first applies it should consider in advance the section 29A panels on which it wishes to be included now and in the future.

For many firms this will include panels that are not yet open but are scheduled to open soon (for example, the Family Violence Panel or Family Law Panel).

The firm must select all relevant panels in answer to question 7 on the firm application form, regardless of whether the panel is open yet. See alsoQ15.

If a firm later wishes to be included on additional panels it must apply separately for these panels.

Before applying it is highly recommended that the firm takes time to read the Information package:Child Protection Panel2014, especially theSection 29A panels firm entry requirements (including assessment guidelines), and the Section 29A panels firm application form.

Q5.What does an individual need to do before applying to be a Panel Certifier?

Before applying for Panel Certifier status it is highly recommended that individual practitioners take time to familiarise themselves withInformation package:Child Protection Panel2014, especially theChild Protection Panelindividual entry requirements(including assessment guidelines) andthe Child Protection Panelindividual application form. These documents contain essential information to help with the application. Understanding this information will make the application process quicker and more efficient.

As part of the application practitioners are required to submit files for assessment. Practitioners may like to allow themselvestime to thoroughly consider which files are best suited to demonstrate their skills and capacity as outlined in the entry requirements and assessment guidelines before completing the application form.

Q6.How long does it take to complete anindividual application?

The application process for individual applicants seeking Panel Certifier status on the Child Protection Panel is estimated to take around four hours.

The estimated timeframe for individualapplicantsincludes time to read the information package and entry requirements, time to identify and prepare suitablefiles for submission and time to complete the application form/s.

Every effort has been made to make the application form itself as short and easy to complete as possible.However, practitioners should note it may take some time to identify and prepare suitable files to submit as part of the application.

It may take less or more time for each individual applicant.

Q7.I am a sole practitioner – what applications do I need to submit?

Sole practitioners must meet both the firm and individual entry requirements and must submit both a firm application and an individual application. See also Q2.

Q8.What can I do if I need help applying?

VLA will runinformation sessions in Melbournein June–July 2014.Rural firms and practitioners are welcome to join the sessions by video link from one of VLA’s regional offices.

The dates for the information sessions and details of how to register can be found on thesection 29A panels training page of VLA’s website (

Practitioners and firms are also welcome to contact VLA’s Panels Coordinator, Andrew Morse, for assistance with the application process or with any questions arising out of the information package.

Andrew Morse can be contacted via email at or by phone on (03)9269 0644.

Q9.Do I need to sign the application form?

You are not required to sign the application form.

VLA is introducing an electronic application process. As part of this process,electronically submitting the application formis your acknowledgement of the matters contained within the declaration and acts as substitute for a signature.

Panel membership model

Q10.What is the new panel membership model?

Detailed information about the new panel membership model can be found in the Child Protection Panelkey information.

Q11.What is the accountability structure in the new membership model?

The new membership model introduces a combination of firm accountability and individual accountability. This is a change from the current model which operatessolely with firm accountability.

The individual accountability means that PanelCertifiers are accountable for all matters that they certify, evenwhere another practitioner (certifier or non-certifier) has done the work.

Combined firm and individual accountability gives VLA a broader range of less disruptive options to address quality issues, if they arise. While the firm is responsible overall for ensuring the quality of work done, the introduction of individual accountability allows VLA to address quality issues with individual certifiers where the issue can clearly be isolated to that particular practitioner within the firm. For example, VLA may alter or revoke the practitioner’s Panel Certifier status,rather than having to seek to remove the whole firm from the panel (as under the old accountability structure).

However, the firm is solely accountable for some quality issues. This includes quality issues that can be linked to a failure of the firm to continuously meet the firm entry requirements, and may also include issues arising from the firm not sufficiently supporting its certifiers to do their work well. For example, if a single certifier has carriage of too many matters and is thereby forced to supervise too manyother practitioners doing the work on those matters.

The firm should consider ensuring that all practitioners who meet the entry requirements do apply for approval as Panel Certifiers. This will allow the firm to achieve the best possible proportion of Panel Certifiers to non-certifiers and thereby a better distribution of risk if quality issues arise.

The accountability model is still under development by the Panels Project and will be introduced fully as part of the Final Panel Deed. See alsoQ48.

Q12.What is an exclusive panel? And what are the implications of the Child Protection Panel being opened 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 for matters covered by that panel can only be allocated to members of that panel. Section 30 general referral panel members are not able to receive grants for matters covered by exclusive panels.

VLA already operates exclusive panels,for example the Indictable Crime Panel, where only members of that panel may receive a grant of legal assistance for indictable matters. If a member of the section 30 general referral panel lodges an application for a grant of legal assistance for an indictable crime matter on behalf of a client, or if a client applies directly, the matter will be transferred or allocated to VLA’s in-house practice or to a member of the s29A Indictable Crime 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.

From 1 November 2014 grants for child protection matters will only be allocated to members of the section 29A Child Protection Panel. This ensures that the Panels Project objectives are met; that clients are represented by practitioners with sufficient skill, capacity and experience; and improves our ability to monitor the quality of work done on legally aided child protection files.

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 s29A Child Protection Panel can be submitted at any time.

Q13.Will I need to use the simplified grants process when on the panel?

Yes. Applications for grants of legal assistance are submitted through ATLAS using the simplified grants process.

Q14.What is the difference between a level one and level two Panel Certifier?

The key differences between level one and level two Panel Certifiers are the period of approval and the quality auditing requirements.

Level one Panel Certifiers are approved for five years, and level two Panel Certifiers for three years. At the end of the approval period practitioners must reapply for Panel Certifier status.

While the quality auditing model has not been finalised at the point of opening the panel, it is envisaged that level one Panel Certifiers will be subject to a lower level of quality monitoring and auditing requirements, as this group comprises practitioners with the most experience, skill and capacity inchild protection work.

Q15.When does a firm’s membership become effective?

If the firm’s application is approved, the firm is found suited for inclusion on each of the section 29A panels for which it applied.

However, for a panel membership to become effective, at least one employee of the firm must be approved as a Panel Certifier for that panel.

This means that while an application for inclusion on a panel that is not yet open may be approved now, panel membership of these new panels will only become effective whenthepanel opens and practitioners in the firm are approved as Panel Certifiers for that panel.

Q16.How many practitioners in the firm must apply for Panel Certifier status?

At least one employee of the firm must be approved as aPanel Certifier for the firm’s membership to be active.

However, firms should consider ensuring that all practitioners who can meet the entry requirements apply for approval as Panel Certifiers, as this will benefit the firm under the accountability structure for the new membership model. See also Q11.

Q17.If I am approved as a Panel Certifier on this panel am I automatically eligible for Panel Certifier status on any other panels?

Yes. If you are approved as a Panel Certifier on the Child Protection Panel, you are automatically eligible for Panel Certifier Status on the Family Violence Panel.

Individual entry requirements

Q18.What are the individual entry requirements?

Individual entry requirements describe the specific skills and capacity required for an individual practitioner to be approved as a Panel Certifier on the Child Protection Panel.

Individual entry requirements can be found on the forms page of VLA’s website (

Q19.What is my ATLAS user ID as required on the individual application form?

Your ATLAS user ID is your current ATLAS login name.

If your firm is currently on a Section 29A or the Section 30 panel but you are not registered as a user on ATLAS, you must ask your firm’s ATLAS administrator to create your user ID before you apply for the Child Protection Panel.

If your firm is on the Section 30 panel, but has never registered to use ATLAS, your firm must register to use ATLAS before you will be able to apply for the Child Protection Panel.

If your firm is not currently on a Section 29A or the Section 30 panel, you will not yet have a user ID in ATLAS. Your firm must apply for inclusion on the Section 30 panel and register to use ATLAS before you will be able to apply for the Child Protection Panel.

Firms can apply for inclusion on the Section 30 panel by completing the Section 30 application form on the panels page of VLA’s website (

Q20.What types of work does the new Child Protection Panelcover?