Summary Crime Panel and Youth Crime Subset Individual Entry Requirements

Victoria Legal Aid

Summary Crime Panel and Youth Crime Subset individual entry requirements

Summary Crime Panel and Youth Crime Subset individual entry requirements

This document outlines the requirements for private legal practitioners to be approved as Panel Certifiers on the section 29A Summary Crime Panel and its Youth Crime Subset.

Practitioners must meet both the general individual entry requirements and the specific individual entry requirements to be approved as Panel Certifiers on the Summary Crime Panel. Practitioners wishing to be able to certify legally aided youth crime matters must also meet the requirements for the Youth Crime Subset.

Firms employing the practitioners must meet the firm entry requirements. The Section 29A panels firm entry requirements can be found on the Summary Crime page of VLA’s website (

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.

To be approved as a Panel Certifier the practitioner must meet the following requirements:

Practising certificate

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Misconduct

G2The practitioner must disclose:

aAny findings of professional misconduct or unsatisfactory professional conduct made by the Legal Services Board, Legal Services Commission or Victorian Civil and Administrative Tribunal

bAny 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

cAny findings of guilt for any criminal offences other than infringements

Engagement and interaction

G3The practitioner must conduct practice professionally and appropriately

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

G1The practitioner must:

aMaintain a current practising certificate without any condition or restriction that would limit the practitioner’s ability to provide legal aid services

Practitioner declaration.

bHave held an appropriate practising certificate for the full period of the recent practising experience disclosed on the application form

Practitioner declaration.

Misconduct

G2The practitioner must disclose:

aAny 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’.

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.

cAny 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

G3The 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.

Summary Crime Panelindividual entry requirements

These entry requirements are divided into five 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 (Summary Crime Panel) on page5, 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

A1Have at least 5 years recent experience in criminal law

A2Have carriage of at least 50 summary matters per year

Have 50% of a fulltime workload comprising criminal law matters

A3Submit 3 complex files (at least one of which must involve a client in custody), legally finalised within the last 6 months

If applying for the Youth Crime Subset, these files should also address the requirements of the subset, where possible.

Submit 3 briefs to counsel prepared as part of 3 complex matters (at least one of which must involve a client in custody) that have been legally finalised within the last 6 months

A4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of oneof the mattersused to meet requirement A3, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions)

1 sample of the practitioner’s oral advocacy for a hearing or bail application conducted in the Magistrates’ Court (e.g. preparation and notes used for the appearance)

Entry pathway B

B1Be a level 1 Panel Certifier on the Indictable Crime Panel

Entry pathway C

C1Be a LIV Accredited Specialist in criminal law

To be approved as a level two Panel Certifier, a practitioner must:

Entry pathway D

D1Have at least 2 years recent experience in criminal law

D2Have carriage of at least 20 summary matters per year

Have at least 30% of a fulltime workload comprising criminal law matters

D3Submit 3 files (at least one of which must involve a client in custody) legally finalised within the last 6 months

If applying for the Youth Crime Subset, these files should also address the requirements of the subset, where possible.

Submit 3 briefs to counsel prepared as part of 3 matters (at least one of which must involve a client in custody) that have been legally finalised within the last 6 months

D4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of one of the mattersused to meet requirement D3, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions)

1 sample of the practitioner’s oral advocacy for a hearing or bail application conducted in the Magistrates Court (e.g. preparation and notes used for the appearance)

Entry pathway E

E1 Be a level 2 Panel Certifier on the Indictable Crime Panel

Assessment guidelines (Summary Crime Panel individual entry requirements)

The assessment guidelines are a guide to how the Summary Crime Panel individual entry requirements will be assessed by Victoria Legal Aid.

Requirements for level one are assessed as follows:

Entry pathway A

A1Have at least 5 years recent experience in criminal law

Practitioner declaration.

A2Have carriage of at least 50 summary matters per year

Have 50% of a fulltime workload comprising criminal law matters

Practitioner declaration.

A3Submit 3 complex files (at least one of which must involve a client in custody), legally finalised within the last 6months, along with a completed summary crime complexity guide for each file

If applying for the Youth Crime Subset, these files should also address the requirements of the subset, where possible.

Submit 3 briefs to counsel prepared as part of 3 complex matters (at least one of which must involve a client in custody) that have been legally finalised within the last 6 months

A matter must achieve at least 5 points on the summary crime complexity guide to be deemed complex. The practitioner must have had personal carriage of the matter.

VLA will look for the following things when assessing the file:

evidence of complexity for each criterion selected on the summary crime complexity guide
evidence of client care including assessment of other, non-legal problems, where relevant, and any referrals made
quality of work done
good file management
presence of key documents.

VLA reserves the right to request additional files for assessment.

Briefs to counsel should show:

purpose of the brief
background of the matter
history of proceedings
client’s instructions
analysis of the issues involved (including evidentiary and sentencing issues)
articulation of the defence and arguments used
summary of the client’s circumstances.

VLA reserves the right to request the relevant files as part of assessment.

A4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of one of the mattersused to meet requirement A3, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions)

1 sample of the practitioner’s oral advocacy for a hearing or bail application conducted in the Magistrates’ Court (e.g. preparation and notes used for the appearance)

Where the practitioner chooses to submit files to meet requirement A3, a copy of the sample of written or oral advocacy must be marked and placed on top of the file when submitted to VLA or can be submitted electronically with the application form.

Written advocacy should show:

analysis of the issues involved (including evidentiary issues)
summary of the client’s instructions
articulation of the defence/mitigating issues and the arguments used.

Oral advocacy should show:

analysis of the issues involved (including evidentiary issues)
any evidence led or cross examination of witnesses
articulation of the defence/mitigating issues and the arguments used.

Entry pathway B

B1Be a level 1 Panel Certifier on the Indictable Crime Panel

Practitioner declaration. VLA will confirm with internal records, where necessary.

Entry pathway C

C1Be a LIV Accredited Specialist in criminal law

Practitioner declaration. VLA may seek confirmation from the Law Institute of Victoria, where necessary.

Requirements for level two are assessed as follows:

Entry pathway D

D1Have at least 2 years recent experience in criminal law

Practitioner declaration.

D2Have carriage of at least 20 summary matters per year

Have 30% of a fulltime workload comprising criminal law matters

Practitioner declaration.

D3Submit 3 files (at least one of which must involve a client in custody) legally finalised within the last 6 months

If applying for the Youth Crime Subset, these files should also address the requirements of the subset, where possible.

Submit 3 briefs to counsel prepared as part of 3 matters (at least one of which must involve a client in custody) that have been legally finalised within the last 6 months

The practitioner must have had personal carriage of each matter.

VLA will look for the following things when assessing the file:

evidence of client care including assessment of other, non-legal problems, where relevant, and any referrals made
quality of work done
good file management
presence of key documents.

VLA reserves the right to request additional files for assessment.

Briefs to counsel should show:

purpose of the brief
background of the matter
history of proceedings
client’s instructions
analysis of the issues involved (including evidentiary and sentencing issues)
articulation of the defence and arguments used
summary of the client’s circumstances.

VLA reserves the right to request the files as part of assessment.

VLA reserves the right to request the relevant files as part of assessment.

D4Submit 1 sample of written or oral advocacy work completed by the practitioner as part of one of the mattersused to meet requirement D3, by means of:

1 sample of the practitioner’s written advocacy (e.g. written submissions)

1 sample of the practitioner’s oral advocacy for a hearing or bail application conducted in the Magistrates’ Court (e.g. preparation and notes used for the appearance)

Where the practitioner has submitted files to meet requirement D3, a copy of the sample of written or oral advocacy must be marked and placed on top of the file when submitted to VLA or can be submitted electronically with the application form.

Written advocacy should show:

analysis of the issues involved (including evidentiary issues)
summary of the client’s instructions
articulation of the defence/mitigating issues and the arguments used.

Oral advocacy should show:

analysis of the issues involved (including evidentiary issues)
any evidence led or cross examination of witnesses
articulation of the defence/mitigating issues and the arguments used.

Entry pathway E

E1Be a level 2 Panel Certifier on the Indictable Crime Panel

Practitioner declaration. VLA will confirm with internal records, where necessary.

Summary Crime Panel complexity guide

The following is a guide to the types of issues that Victoria Legal Aid considers to make a file complex. A matter must achieve at least 5 points to be deemed complex.

IssuePoints

A consolidated plea with 3 or more police briefs2

Fifteen or more charges2

Mental impairment and/or fitness to plead legal issues3

A client with mental health, intellectual disability or acquired brain 1

injury issues that make taking instructions and explaining legal and

procedural concepts difficult

A summary hearing with a duration of 1 day or more, where the 2

practitioner has acted as advocate

Complex medical, DNA, identification or other forensic evidence2

An issue under the Victorian Charter of Human Rights and 2

Responsibilities Act 2008

A sexual offence involving opposed breaches of, or non-mandatory 2

orders under, the Sex Offenders Registration Act 2004

The matter involved expert evidence called at plea or summary hearing 1

by the defence

A summary hearing involving legal argument regarding tendency and 2

coincidence, admissibility of evidence and/or severance

A breach of suspended sentence involving a complex exceptional 2

circumstances argument

A contested bail application2

A summary jurisdiction application2

A contested ancillary order1

A serious indictable matter in the Children’s Court not involving 2

sex offences

A serious indictable matter in the Children’s Court involving sex 3

Offences

Any other matter/s that create complexity – reasons to be providedallocated by VLA assessor

Youth CrimeSubset individual entry requirements

To be approved as a Panel Certifier on the Youth Crime Subset, the practitioner must meet the entry requirements for the main panel and for the subset.

The entry requirements for the Youth Crime Subset are divided into two pathways. The practitioner must choose one entry pathway and be able to meet all requirements for that pathway.

Victoria Legal Aid reserves the right to request additional files for assessment.

To be approved as a Panel Certifier on the Youth Crime Subset a practitioner must:

Entry pathway A

A1Have attended VLA-approved professional development covering:

interviewing children
ethical issues specific to children
criminal procedure specific to children
sentencing and other legal principles specific to children

A2Submit 2 youth crime files that have beenlegally finalised within the last 12 months, at least one of which must be a matter where the client is also involved in child protection proceedings or is on a current child protection order.

The practitioner does not need to have had carriage of the child protection proceedings.

One of the files may be one of the files submitted for the main panel

Entry pathway B

B1Be a LIV Accredited Specialist in children’s law

B2Submit 1 youth crime file that has beenlegally finalised within the last 12 months, where the client is also involved in child protection proceedings or is on a current child protection order.

The practitioner does not need to have had carriage of the child protection proceedings.

The file may be one of the files submitted for the main panel

Assessment guidelines (Youth Crime Subset individual entry requirements)

The assessment guidelines are a guide to how the Youth Crime Subset individual entry requirements will be assessed by Victoria Legal Aid.

Requirements for the Youth Crime Subset are assessed as follows:

Entry pathway A

A1Have attended VLA-approved professional development covering

interviewing children
ethical issues specific to children
criminal procedure specific to children
sentencing and other legal principles specific to children

VLA will check records of attendance.

The practitioner does not need to have had carriage of the child protection proceedings.

One of the files may be one of the files submitted for the main panel

The practitioner must have had carriage of the youth crime matter. When assessing the casework sample VLA will look for:

evidence of client care, including assessment of other legal and non-legal problems, where appropriate, and any referrals made (e.g. a file note of conference with client or a letter confirming advice to client)
evidence of assessing and addressing issues arising from the child protection proceedings that may impact on the criminal proceedings
presence of all key documents
quality of work done
good file management.

Entry pathway B