Initial court applications - by notice

application by notice, by notice, PA by notice, TTO, therapeutic treatment order, temporary assessment order
1201
Follow this procedure when making an initial by notice application to the Children’s Court.
Document ID number 1201, version 6, 23 October 2023.
Introduction

This procedure relates to the following:

  • protection application (by notice)
  • application for a temporary assessment order (by notice)
  • application for a therapeutic treatment order
  • application for a therapeutic treatment (placement) order.
Procedure

Case practitioner tasks

  • Seek approval of the team manager to issue the application.
  • Seek advice from the CPLO solicitor, divisional solicitor or legal officer about the proposed application.
  • Consider a referral to the Court Practice Advice and Support (CPAS) team for consultation regarding preparing and planning for an initial application by notice.

For more information about CPAS including how to make a referral, visit the CPAS SharePoint site.

  • Advise the court registry if you intend to apply for a temporary assessment order. 
  • If a report has been made by Victoria Police or the Criminal Division of the Children’s Court, seek advice from the Therapeutic Treatment Board before making an application for a therapeutic treatment order or therapeutic treatment (placement) order. 
  • As this is an initial court application, CMS Portal access is required, not case access to a specific child. 
  • Applications by notice are created in the CMS Portal. Complete and generate the application form in the CMS Portal and select a hearing date before submitting. 
  • To arrange security for worker safety concerns, a video link for incarcerated parties or an interpreter for culturally or linguistically diverse parties, is done within the application CMS Portal and will prompt the court to make necessary arrangements.
  • Download the completed application from the CMS Portal and serve copies of the form on the child aged 12 years and older, the child’s parents and a party to the proceedings at least five days before the hearing. The CMS Portal does not replace the need to serve documents on parties as outlined in legislation and policy. See procedure 1220 Service of documents and procedure 1221 Dispensation of service

Issuing and listing a matter is completed via the CMS Portal at the same time. The applicant will be able to list the matter in the CMS Portal without lodging the affidavits of service. Scanned copies of the Affidavits of Service and Court Reports are to be uploaded before the hearing as per the current policy. 

Complete warrant application via the CMS Portal if this is being sought as part of an application for a temporary assessment order. This application should be in a separate document. See procedure 1213 Warrants.

  • The Protection Application Information Form (Green form) is no longer required; Victoria Legal Aid (VLA) will be automatically notified of new matters via the CMS Portal. 
  • Always ensure CPLO is notified of an application as soon as possible, as CPLO DO NOT receive notifications via the CMS Portal. This should include an email to the local CPLO with: 
    • The court reference number (if available) 
    • Client name 
    • Application type 
    • Hearing location, date, and time 
    • Withheld addresses and safety concerns. 
  • Complete the affidavit of service and upload to the CMS Portal. Ensure this is done before the hearing date. See procedure 1226 Affidavits and statutory declarations.
  • Advise CPLO via email that a copy of the application and affidavit of service are available on the CMS Portal once uploaded. Also include the client’s name, court reference number and hearing date, time, and location.  
  • Prepare a disposition report: 
    • Consult your supervisor, CPLO or divisional solicitor about the information that should be included in the report and recommended outcomes and order conditions. 
    • Refer to the CRIS alert screen and ensure the report does not include confidential information such as addresses and reporter details. 
    • Seek comments from the family.

Where a placement is undisclosed, it is critical the report is proof read accurately to ensure that no information is included that may reveal the placement details.

  • An application report is not always required for a temporary assessment order application. Discuss this with a legal practitioner. 
  • Three days before the court hearing:
    • Submit the report [GL(1] to the Court via the CMS Portal. 
    • Email a copy of the report to CPLO, the lawyers representing the child, the child’s parents or a party to the proceeding.
    • Give a copy of the report to the child if aged 12 years or older, the child’s parents and a party to the proceeding.
    • Arrange an appointment with Victoria Legal Aid for a child aged 10 years or older, so that the child can give instructions to a lawyer and avoid the need to attend court to give instructions.
  • Obtain consent in writing if the child’s parents or a party to the proceeding:
    • are not legally represented
    • have been served with a copy of the report, including the conditions sought by the department on the order 
    • cannot attend court, and they
    • consent to the application after being given the opportunity to seek legal advice. 
  • Seek legal advice from the CPLO or divisional solicitor before the hearing date.
  • Complete CRIS requirements including court screen and record of activity, decisions and rationales.

Supervisor tasks

  • Provide ongoing supervision and consultation.
  • Endorse and approve the court report.

Team manager tasks

  • Endorse the court report.
  • If applicable, endorse and approve the CPAS referral.