Initial court applications - by notice
Follow this procedure when making an initial by notice application to the Children’s Court.
Document ID number 1201, version 5, 17 November 2021.
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.
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.
- 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.
- Complete the appropriate application form in CRIS or off-line if necessary (see Court forms), file it in the court registry and obtain a hearing date.
For a protection application use Form 10.
For a temporary assessment order use Form 1.
For a therapeutic treatment order use Form 4.
For a therapeutic treatment (placement) order use Form 6.
- Serve copies of the form on the child aged 12 years and older, the child’s parents and any party to the proceedings at least five days before the hearing. See Service of documents and Dispensation of service.
Applications and affidavits of service must be filed with the Court before the hearing date or the application will not be listed with the Court and will not proceed.
Issuing and lodging court paperwork are separate processes.
- You must first have the relevant application issued by the Court.
- Once the application is issued and copies have been served on the parties, the original application along with the affidavit(s) of service must be lodged with the Court.
- Only after receiving these documents, will the court list the matter to be heard.
Metropolitan areas in South and North Divisions must obtain a listing date from CPLO for a protection application by notice before filing Form 10 with the court.
- Complete warrant application if this is being sought as part of an application for a temporary assessment order. This application should be in a separate document. See Warrants.
- You must provide the family with information about how to contact Victoria Legal Aid for legal advice.
- Complete affidavit of service. See procedure Affidavits and statutory declarations.
- Fax a copy of the application and affidavit of service to the CPLO or divisional solicitor as soon as they are served. Fax the court report to the CPLO or divisional solicitor three clear business days before the hearing.
- 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 and the Court's protection application information form (green form) to the Court.
- Fax all reports to the CPLO solicitor or divisional solicitor.
- Give a copy of the report to 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.
- Speak to the parent or party to the proceedings about a gaol order to allow the parent or party to attend court if the parent or party is in gaol. See Gaol order.
- Contact the Court to arrange security if there are worker safety issues.
- Complete CRIS requirements including court screen and record of activity, decisions and rationales.
- 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.