Become a Specialist Panel Practitioner

A case is a complex criminal case if – 

1.    the case involves– the death of a person; and the charges arise either, directly or indirectly, from that death, unless the charge is a summary or minor indictable charge; or

2.    the case is listed for trial in the Supreme Court; or

3.    the case–

•   is a case of attempted murder;

•  is a case of conspiracy to murder;

•  is a sexual offence involving multiple complainants or multiple defendants;

•  involves a charge or a series of charges of dishonesty totalling in excess of $500 000; or

•  involves any other serious criminal offence designated by the Director as a complex criminal case; or

4.    the case has an estimated trial length of 20 days or more; or

5.    the brief consists of more than 5000 pages; or

6.    the case involves an appeal–

•  in the Court of Criminal Appeal against conviction; or

•  in the High Court.

To be considered for inclusion on the Complex Criminal Law Panel as solicitor only, a practitioner must have a minimum of five years recent solicitor experience in criminal law, including primary conduct as solicitor of at least three matters in the Supreme or District Court that proceeded to trial.

To be considered for inclusion on the Complex Criminal Law Panel as counsel, a practitioner must have a minimum of five years recent counsel experience in criminal law, including primary conduct as lead or junior counsel of at least three matters in the Supreme or District Court that proceeded to trial.

Applications for inclusion on the Complex Criminal Law Panel can be made by completing the online form.

Applications for inclusion on the Complex Criminal Law Panel and the murder subpanel of that Panel will be determined by the Director on the recommendation of a selection committee comprised of the Chief Legal Officer, the Manager Criminal Law and the Manager Grants.

The selection committee will assess an application based upon the information provided by the applicant in the application; information held by the Legal Services Commission, including information from stakeholders; information relating to previous conduct of legally aided matters by the applicant and complaints received by the Legal Services Commission concerning the applicant;

information held by members of the selection committee, and information from publicly available records including court transcripts and judgements and any other matters deemed relevant.

An application which is assessed by the Panels Officer as not meeting the minimum requirements for consideration may be rejected without reference to the selection committee.

Applicants who are unsuccessful will, on request, be provided with feedback by a member of the selection committee. Unsuccessful applicants may appeal the decision as set out below.

If applying to undertake counsel work in complex criminal cases (and you are not applying for inclusion on the murder subpanel) – details of recent counsel experience in criminal law including the number of years of counsel experience in criminal law and, in relation to at least three District or Supreme Court trials, the name and citation of the case, the court in which it was heard and your role in the case (i.e. whether you appeared as lead counsel or junior counsel and the aspects of the counsel work for which you were responsible). 

If applying to undertake solicitor work only in complex criminal cases – details of recent criminal law experience including, in relation to at least three District or Supreme Court trials in which you had primary conduct as solicitor, the name of the case and the court in which it was heard. The Legal Services Commission reserves the right to seek further information from you before finally determining your application.

A practitioner will be removed from the Complex Criminal Law Panel if the practitioner is removed from the General Panel.
A practitioner may be removed from the Complex Criminal Law Panel or the murder subpanel of that Panel if the Director forms the view, in consultation with the selection committee, that the practitioner is no longer an appropriate person to be included on that Panel or subpanel.

A practitioner may be required to demonstrate, on application for renewal of their General Panel membership, that they have maintained sufficient recent practice in complex criminal cases for continued inclusion on the Complex Criminal Law Panel or murder subpanel.

Notice to a practitioner removing the practitioner from the Complex Criminal Law Panel or murder subpanel must state the reason for removal.

If a practitioner receives written notice –

a) refusing the practitioner’s application for inclusion on the Complex Criminal Law Panel or murder subpanel; or

b) removing the practitioner from the Complex Criminal Law Panel or murder subpanel,

the practitioner may, within one month of receiving the notice, appeal in writing against the decision, by email to the Panels Officer at panels@lsc.sa.gov.au.

To be considered for inclusion on the murder subpanel of the Complex Criminal Law Panel (which allows a practitioner to act as lead counsel in a murder trial) a practitioner must have a minimum of ten years counsel experience in complex criminal cases.

If applying to be included on the murder subpanel, you must provide details of recent lead counsel experience in complex criminal cases (as defined in the Complex Criminal Law Panel Information) including the number of years of experience in complex criminal cases and, in relation to at least three trials, the name and citation of the case and the court in which it was heard.

Applications for inclusion on the Complex Criminal Law Panel and the Murder Subpanel can be made by completing the online form.

For information on applications’ process, lodging appeals, or requesting removal from the Murder Subpanel, consult the Complex Criminal Law Panel section.

To be considered for inclusion on the Guardianship and Mental Health Representation Panel a practitioner must–

1.    be a member of the General Panel;

2.    if holding a practising certificate with the restriction that the practitioner must complete supervised practice in accordance with LPEAC 2018 Rule 11, be able to be supervised by a practitioner employed within the same legal practice who holds an unrestricted practising certificate and is also a member of the Guardianship and Mental Health Representation Panel;

3.    either–

•  have experience in appeals under the Guardianship and Administration Act 1993 (SA) or the Mental Health Act 2009 (SA) or

•  have experience in administrative law;

4.    if the practitioner is an employee, have the consent of his or her employer to the practitioner’s inclusion on the Panel; and

5.    agree to comply with the Guardianship and Mental Health Representation Panel Practice Standards and fee scales.

A practitioner will be removed from the Guardianship and Mental Health Representation Panel if the practitioner is removed from the General Panel. A practitioner may be removed from the Guardianship and Mental Health Representation Panel if–

a) the practitioner fails to comply with the Guardianship and Mental Health Representation Panel Practice Standards; or

b) the practitioner’s employer withdraws, in writing, their consent to the practitioner’s inclusion on the Panel; or

c) the Director forms the view that the practitioner is no longer an appropriate person to be included on the Panel.

Notice to a practitioner removing the practitioner from the Guardianship and Mental Health Representation Panel must state the reason for removal. 

If a practitioner receives written notice:

a) refusing the practitioner’s application for inclusion on the Guardianship and Mental Health Representation Panel; or 

b) removing the practitioner from the Guardianship and Mental Health Representation Panel, 

the practitioner may, within one month of receiving the notice, appeal in writing to the Commission against the decision.

A practitioner to whom a case is assigned by the Legal Services Commission under the scheme of legal representation established under section 65 of the Guardianship and Administration Act 1993 or under the scheme of legal representation established under section 84 of the Mental Health Act 2009 (a legal representation scheme) must: 

1.   comply with the General Panel Agreement and General Practice Standards, where applicable, for which purpose a reference in the Agreement or Practice Standards to–

a) “a case for which legal assistance has been granted” is to be read as “a case assigned by the Legal Services Commission under a legal representation scheme”; and

b) a “legally assisted person” is to include a person represented under a legal representation scheme; and 

2.   read and observe the objects and principles contained in the Guardianship and Administration Act 1993 and the Mental Health Act 2009; and 

3.   make every attempt to establish contact with and take instructions from the represented client prior to the client’s review or appeal hearing and, when appropriate, attend the hospital, facility or other residence of the client for this to occur; and 

4.   ensure all medical notes and files received from SACAT in relation to a client are read prior to the client’s review or appeal hearing; and 

5.   in place of General Practice Standard 2(12), when submitting a tax invoice– 

a) attach an accurately completed case finalisation form; and a) comply within a reasonable period with a request by the Commission for further information concerning the legal costs claimed; and 

b) ensure the invoice: 

i. is submitted within three months of the conclusion of the review or appeal hearing to which the invoice relates; and 

ii. is in accordance with the scale of fees prescribed under section 65 of the Guardianship and Administration Act 1993 or section 84 of the Mental Health Act 2009 (whichever is applicable).

Applications for inclusion on the Guardianship and Mental Health Representation Panel can be made by completing the online form.

The role of an ICL is set out in s 68LA of the Family Law Act 1975 (Cth). The principal functions of an ICL include:

•  arranging for necessary evidence, including expert evidence, to be obtained and put before the Court 

•  facilitating the participation of the child in the proceedings in a manner which reflects the age and maturity of the child and the nature of the case

•  acting as an honest broker between the child and the parents and facilitating settlement negotiations where appropriate. 

A practitioner will only be appointed as an ICL by the Legal Services Commission if the practitioner is a member of the Independent Children’s Lawyer Panel. The number of practitioners appointed to the Panel will be determined by the Legal Services Commission, taking into account:

•  the number of ICL appointments being made by the Court

•  the desirability of each ICL maintaining a reasonable number of ICL cases.

To be considered for inclusion onto the Independent Children's Lawyer Panel the practitioner must-

1.    be a member of the General Panel established by Legal Services;
2.    have completed the Independent Children's Lawyer National Training Program;
3.    have a minimum of five years recent post admission experience in Family Law;
4.    be currently primarily practising in Family Law matters; and
5.    hold a current DHS Working With Children Check.

If counsel is briefed, counsel must be a member of the General Panel and –

1.    have completed the Independent Children’s Lawyer National Training Program; or
2.    have a minimum of five years recent post admission experience in family law.

Applications for inclusion on the Independent Children’s Lawyer Panel can be made by completing the online form. An applicant may then be asked to attend an interview.

Please forward this application, with:

•  a copy of your practising certificate

•  proof of completion of the Independent Children’s Lawyer National Training Program 

•  a copy of your current DHS Working with Children Check 

•  a copy of your CV 

•  any references you wish to include.

If an applicant is refused inclusion on the Independent Children’s Lawyer Panel the Director must provide written reasons for refusal.

Removal from the Independent Children’s Lawyer Panel A practitioner will be removed from the Independent Children’s Lawyer Panel if the practitioner is no longer a member of the General Panel.

A practitioner may be removed from the Independent Children’s Lawyer Panel if:

1.   the practitioner fails to comply with the Independent Children’s Lawyer Practice Standards (attached); or

2.   the Director forms the view that the practitioner is no longer an appropriate person to be included on the Panel.

 Notice to a practitioner removing the practitioner from the Independent Children’s Lawyer Panel must state the reason for removal.

Appeal to the Commission If a practitioner receives written notice: 

a) refusing the practitioner’s application for inclusion on the Independent Children’s Lawyer Panel; or 
b) removing the practitioner from the Independent Children’s Lawyer Panel, the practitioner may, within one month of receiving the notice, appeal in writing to the Commission against the decision.

A practitioner appointed to the Independent Children’s Lawyer Panel must:

1) comply with the General Panel Agreement and General Practice Standards; 

2) act in accordance with s68LA(5) of the Family Law Act 1975 (Cth) which provides that an ICL must: 

a) act impartially in dealing with the parties to the proceedings; and 

b) ensure that any views expressed by the child in relation to the matters to which the proceedings relate are fully put before the Court; and 

c) if a report or other document that relates to the child is to be used in the proceedings: i. analyse the report or other document to identify those matters considered most significant for determining the best interests of the child; and ii. ensure that those matters are properly drawn to the Court’s attention; and 

d) endeavour to minimise the trauma to the child associated with the proceedings; and

e) facilitate an agreed resolution of matters at issue in the proceedings to the extent to which doing so is in the best interests of the child; 

3) read and observe the Commonwealth Legal Aid Guidelines, in particular the provisions in relation to the contribution of parties to the costs of the ICL; 

4) read and comply with the National Guidelines for Independent Children’s Lawyers (see nationallegalaid.org/assets/Family-Law/ICL-Guidelines2013.pdf), including meeting the child unless the child is under school age or there are exceptional circumstances or significant practical limitations, the assessment of which is a matter for the ICL; 

5) enable the child to be involved in decision making, taking into account factors that indicate the appropriate degree of involvement such as: 

a) the extent to which the child wishes to be involved; and please attach the following information: 

b) the extent to which involvement is appropriate having regard to the child’s age, developmental level, cognitive abilities, emotional state and views; 

6) act proactively when carrying out the functions of an ICL; 

7) personally attend Court hearings and FDR conferences unless: 

a) counsel has been briefed; or 

b) circumstances arise beyond the control of the ICL; 

8) if briefing counsel, ensure counsel is a member of the Legal Services Commission’s General Panel and 

a) has completed the Independent Children’s Lawyer National Training Program; or b) has a minimum of five years recent post admission experience in family law; 

9) attend to all ICL solicitor work personally, except minor discrete tasks which may be delegated if properly supervised; 

10) respond in a timely fashion to a request from the Legal Services Commission for a specific report; 

11) inform the Legal Services Commission of any issues, developments or practice matters arising from a file that may have significance for ICL matters generally; 

12) on receiving a case: 

a) read the file and ensure that copies of all documents and Court orders have been provided by the parties; and 

b) file a Notice of Address for Service and check the Commonwealth Portal for hearing dates and any relevant documents and Court orders not provided; and 

c) write to the other parties or their solicitors: 

i. advising of the practitioner’s appointment as the ICL; 

ii. requesting a contribution towards the ICL’s legal fees; 

iii. explaining the process for communicating with the ICL; and 

iv. enclosing relevant pamphlets and a waiver form; and 

d) as appropriate, make arrangements to meet with the child to explain the role of the ICL and to discuss how the child will have input into the case; and 

e) consider what actions in line with the National Guidelines for Independent Children’s Lawyers need to be followed and seek an appropriate extension of assignment to cover this work; 

13) on concluding a case: 

a) consider whether the ICL, or another appropriate person, should meet with the child to explain the orders that the Court has made; and 

b) ensure that the final order provides for the discharge of the appointment of the ICL; and 

c) provide a final report to the Legal Services Commission, including a copy of the final order. 

14) at least once in each year of mandatory CPD points undertake a session of training aimed specifically at ICL practice.

•  Member of the General Panel

•  Minimum 5 years post-admission experience

•  Primarily practising in family law or care and protection

•  Employment screening clearance to work with children