Children are not required to meet the means test. The redrafted guideline requires VLA to be satisfied that a ‘parent, or person with parental responsibility who would otherwise make the application is genuinely unwilling or unable to do so’. under the Commonwealth special circumstances or criteria. The exclusion of children from having to meet the means test in family law matters represents a change in eligibility criteria. Table 2 – Non-substantive changes Pre-July 2017 guidelines From 3 July 2017 Reason for change The pre-July 2017 guidelines were not organised in a consistent way, didn’t list all criteria applicable under each guideline, and required lawyers to move between different guidelines. The guidelines are now organised in the following order: Matter type (parenting dispute, child support etc.) Client type (adult or child) Service type (advice and negotiation, family dispute resolution at VLA’s FDRS, or litigation) Each guideline lists every applicable criterion. This minimises the need to move between different guidelines and different parts of the Handbook. The redrafted guidelines will be easier to read and to navigate using the links. Greater clarity and ease of use. Threshold tests of: Forum Substantial issue in dispute Commonwealth merit Contravention of order in last 12 months These tests have been redrafted for clarification and plain language. Links to the applicable tests are provided in each guideline. Greater clarity and ease of use. Introductory section More information is provided. New section on the principles underlying the guidelines. Greater clarity and transparency Assistance for advice and negotiation in parenting disputes (old guideline 1.1) Redrafted for clarity. No significant change, apart from substantive changes to definition of ‘priority client’ (see above). Advice and negotiation funding in parenting disputes was re-introduced in
Clarification that advice and negotiation grants are available in combined parenting and property, child support, child maintenance and spousal maintenance matters (currently only clearly set out in parenting disputes guideline). 2016 (action 20 of the ). The redraft makes it clear that we are also investing in timely intervention in other dispute types. Family Dispute Resolution (FDRS) assistance in parenting disputes (old guideline 1.2) Restructure and redraft for clarity. See above re the following substantive changes: change to definition of ‘priority client’ and extending availability for FDRS to alleged perpetrators in matters involving allegations of family violence. Greater clarity and ease of use. Litigation assistance in parenting disputes (old guideline 2) Restructure and redraft for clarity. See above re change to definition of ‘priority matter’. Greater clarity and ease of use. FDRS and litigation assistance in combined parenting/property disputes (old guideline 1.3) Restructure and redraft for clarity. See above re substantive changes to definitions of ‘priority client’ and ‘priority matter’. Clarification that assistance can be provided where there is a negative asset pool i.e. debt only. Greater clarity and ease of use. Applicants in parenting disputes litigation (old guideline 2.1.1) Restructure and redraft for clarity. Incorporated into other guidelines (i.e. no longer stand-alone). Greater clarity and ease of use. Respondents in parenting disputes litigation (old guideline 2.1.2) Restructure and redraft for clarity. Incorporated into other guidelines (i.e. no longer stand-alone). Greater clarity and ease of use. Parties who are not parents (old guideline 3) Restructure and redraft for clarity. Incorporated into other guidelines (no longer stand-alone). Greater clarity and ease of use. Discharge or vary orders (old guideline 4) Restructure and redraft for clarity. Incorporated into other guidelines (no longer stand-alone). Greater clarity and ease of use.
Definition: ‘Urgent matter’ (criteria as to the matters in which a certificate relating to attendance at family dispute resolution is not required as a condition to obtaining assistance for litigation) Expanded to include matters where current reported allegations, investigations or court proceedings relating to child abuse, and a state child protection order is in place and the Department of Health and Human Services (DHHS) has recommended that legal proceedings be issued in the family law jurisdiction for orders to be made on lapsing of the child protection order. Greater clarity and ease of use. Independent Children’s Lawyers (ICL) (old guideline 5) Restructure and redraft for clarity. Clearer articulation of which matter types an ICL grant may be made for. Greater clarity and ease of use. Child support and child maintenance (old guideline 6) Restructure and redraft for clarity. Inclusion of child litigants in child maintenance matters guideline. Included for clarity and consistency. Assistance for child litigants is currently provided under the Commonwealth special circumstances guideline. Spousal maintenance (old guideline 7) Restructure and redraft for clarity. Greater clarity and ease of use. Arrears of maintenance or child support (old guideline 8) Restructure and redraft for clarity. Incorporated into relevant guidelines (no longer stand-alone). Greater clarity and ease of use. Determining parentage of a child (old guideline 9) Redraft for clarity. Greater clarity. Special medical procedures involving children (old guideline 10) Restructure and redraft for clarity. Removes reference to ‘parents’ and replaces with ‘person’ to encompass non-parents who exercise parental responsibility relating to the child. Inclusion of child litigants. Articulates current funding policy and is not an expansion of current eligibility criteria. Recovery, location and information orders (old guideline 11) Redraft for clarity. Conditions attached to grants clearer and more comprehensive. Greater clarity.