Policy Bulletin 2023 / 9 Care and Protection: Policy amendment and an increase to funding for preparation

10 July 2023

The Board has approved changes to the Care and Protection policy and the preparation fee for s87 and joinder applications.

Background

In February 2023, the CEO approved changes to the care and protection policies to reflect the legislative amendment to s.87 of the Children and Young Persons (Care and Protection) Act 1998 (Care Act). The care policy now makes it clear that legal aid is available to an applicant who is either a person or a representative of an Aboriginal and Torres Strait Islander family or community who has been given leave to be heard under s87. The Board has approved the policy change on an ongoing basis.

The Board also approved an amendment to the Family guideline 3.3.1 to ensure extended family and kin of Aboriginal children who seek to join the proceedings or have a right to be heard under s 87 are eligible for legal aid. This change acknowledges the importance of Aboriginal and Torres Strait Islander children remaining with family or kin.

In recognition of the potential work involved in preparing for both s87 right to be heard and potential joinder applications, the Board has approved increasing the preparation amount by 2 hours.

  • What has changed?

    The changes mean legal aid is available to an applicant who is either a person or a representative of an Aboriginal and Torres Strait Islander family or community who has been given leave to be heard under s87.

    Changes to the care policy are at 3.1.2.6 – care proceedings – for people who are significant to the child.

    Family guideline 3.3.1 Determining whether there is a benefit to the child or young person, has been amended to clarify that funding is available for third parties even if other parties to the proceedings are legally represented, if the subject child or young person is Aboriginal or Torres Strait Islander.

Commencement date:

The policy changes apply from 16 February 2023.

The preparation fee for s 87 right to be heard and joinder applications has been increased by 2 hours: See Family Children’s Court - Care Stage 2A

The fee changes apply to funding sought on or after 10 July 2023.

Contact for further information

Please contact the Client Eligibility Unit on email Client Eligibility Unit for any questions on the policy change.