Home > For lawyers > Lawyers' news > Clarification of VLA guidelines, procedures and policies

Clarification of VLA guidelines, procedures and policies

Date : 08 Jan 2008

Compliance checks often identify frequent pitfalls for compliance areas and common issues such as practitioners incorrectly applying Victoria Legal Aid (VLA) guidelines.

The information below will assist you with common queries.

Crime

State not guilty/guilty vs traffic prosecution guidelines

The guideline for traffic prosecution matters applies to contests and pleas.

The minimum threshold in traffic prosecution matters is a suspended sentence. This threshold is significantly greater than a fine or CBO greater than 200 hours, criteria that exist in relation to the State Contest & State Plea guidelines.

For contest, you must also consider prospects of acquittal.

Family

You are reminded that the Commonwealth priorities and VLA’s guidelines require real issues to be in dispute.

Before you consider your client’s position in the matter consider whether there is a substantive issue in dispute.

Budget constraints

You are reminded that when making recommendations, grants of legal assistance are provided from limited public funds. Current budgetary constraints mean that a course of action, while considered desirable, may not justify expenditure of those limited funds based on cost / benefit issues and the appropriateness of spending limited public funds.

Where a matter is assessed as borderline, a recommendation for assistance is not justified.

VLA is asking you to help us reduce spending by:

  • applying the guidelines strictly in accordance with the notes on VLA guidelines
  • assessing merits carefully, having regard to the limited public funds available
  • limiting requests for the appointment of an independent children’s lawyer to only the neediest cases that meet the test in Re K
  • carefully considering whether a private family report is really necessary for the resolution of the case.

Roundtable dispute management (RDM) should always be considered as a first funding option with a view to avoiding litigation.

Equitable charges

VLA may request an equitable charge as a condition of legal assistance if your client owns or has an interest in a property. This request can be made in addition to, or instead of, a request that the assisted person pay money as an initial or final contribution. VLA may ask that an equitable charge be signed in three situations:

  • before VLA grants assistance. This will secure payment of all or some of the cost of granting assistance
  • when VLA makes a further grant of assistance. This will secure payment of all or some of the current and future costs of assistance
  • at the end of a grant of assistance. This will secure payment of the amount assessed as a final contribution.

You are asked to make sure clients are aware of VLA’s debt policy concerning equitable charges. In particular, the policy that payment will be sought from clients when the property is re-financed.

Please refer to chapter 4 conditions of assistance of the Grants handbook for further information regarding client contribution matters.

VLA fees

Acting for co-accused and the rates that apply

When acting for co-accused, you are reminded that specific rates apply in relation to the grant of legal assistance

  • Summary proceedings
    – 2 legally aided defendants represented = 11/2 x table fees applicable.
    – 3 or more legally aided defendants represented = 2 x table fees applicable.
    – Fees are set out in table A of fee schedule 1 of the Grants handbook. See chapter 6 of the Grants handbook.
  • Indictable proceedings
    – Fees are outlined in the notes on the guidelines (section 5.5 fees for multiple accused / consolidated pleas).

Fees applicable to Court Integrated Services Program (CISP)

The applicable fee in relation to this appearance is $116 and is claimable once only. This fee is the same as the existing credit program appearance fee contained in table A1 of chapter 6 of the Grants handbook.

Fees applicable to intervention order matters

There is some confusion in relation to invoicing for these matters. A common mistake is claiming fees that relate to summary crime instead of intervention orders (IVO).

Please note the following line items on the (table A1) invoice are applicable when invoicing in relation to IVO matters only:

  • areparation
  • appearance fee
  • contest fee (crimes family violence)
  • appearance at sentence or adjournment.

If you act for multiple complainants or defendants, only one lump sum fee per table A1 is payable.

Where a matter is listed for contest but does not proceed, only the standard appearance fee is payable. The contest fee is only payable where evidence is led and/or witnesses are examined. The plea at contest fee only applies in summary criminal matters, not in intervention order cases.

Withdrawal of charges at contest mention

VLA now considers it appropriate that where a grant ends in withdrawal of charges at the contest mention, the fees payable are the preparation component and the contest mention fee.

Child protection

  • rollover appearances do not attract the full IAO appearance fee
  • where an IAO is continued by consent and without any substantial negotiation the directions hearing fee only is payable (see preamble to table A2).