Policy Bulletin 2023 / 6 Legal Assistance for Families Partnership

1 June 2023

The Chief Executive Officer of Legal Aid NSW has approved an Early Resolution Assistance Pilot for families participating in mediation under the Legal Assistance Partnership Agreement.

Background

The Legal Assistance for Families Partnership Agreement heralds the beginning of a new collaborative relationship between Legal Aid NSW, the Aboriginal Legal Service (ALS) and the Department of Communities and Justice (DCJ). It also consolidates existing processes into the one place. 

The Agreement recognises that the interests of children, young people and families are best served when arrangements for their care and protection are resolved in a timely manner and ideally through early intervention assistance rather than litigation.

To this end Legal Aid NSW has established a Pilot to provide lawyer assisted Care and Protection Early Intervention Mediations.  The mediations provide an opportunity for families to discuss concerns or issues that have been raised between DCJ and a family. These mediations allow for an open discussion and for arrangements to be put in place to avoid the need for a formal court process occurring. Early intervention mediations allow families an opportunity to contribute to discussions relating to keeping children safe and families together.

How will mediation be provided?

The LAFPA Pilot early intervention mediations will be conducted through the Legal Aid FDR Unit. The early intervention mediations will be provided as an Early Resolution Assistance (ERA) service. ERA provides for a streamlined, simplified application process thereby reducing the administrative burden on lawyers submitting applications. 

What has changed?

The LAFPA Pilot commenced on 1 June 2023. The eligibility requirements for the care and protection early intervention mediations are set out in Policy Online at Care and Protection ERA 3.1.1.1 Care and Protection - Early Intervention Mediation Pilot.

Start date

The changes apply to applications determined on and after 1 June 2023.

Contact for further information

The Client Eligibility Unit at:  T-CEU@legalaid.nsw.gov.au.