For legal aid to be granted for an initial social assessment report/other expert report in a child protection matter the following tests must be satisfied:
- the applicant is the separate representative who has been provided aid for the substantive matter, and
- the applicant meets the merits test, and
- inspection of all available material has been undertaken, and
- the matter would be significantly prejudiced without the report being obtained, and
- the separate representative is able to certify that a social assessment report/other expert report is necessary to assist the court in its determination of the issues, and
- the department has been contacted and refused a request to obtain the report, or
- it is not appropriate for the Department of Child Safety, Youth and Women to obtain the report, or
- for social assessment reports, it is the opinion of the separate representative that an independent report is necessary and should be obtained by the separate representative or
- any existing reports held by the Department of Child Safety, Youth and Women are not sufficient to assist the court in its determination of the matter
Requests for an interstate report writer are determined by the Assistant Director Grants.
When seeking a grant of aid for a social assessment report the practitioner must lodge an extension of aid request through Grants Online along with the appropriate checklist
Grant(s) of aid
The grant of add for a social worker to prepare a social and family assessment report is SW5.
The grant of add for a psychologist to prepare a social and family assessment report is PY10.
Review of decisions
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).