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Fund, subject to a protocol, any required filing costs where there is a need for Youth Court orders to be registered in the Family Court to improve the safety of the children to whom they relate. 

Response to recommendation: 

The South Australian Government accepts this recommendation in principle. 

The government accepts that there are instances in which it is appropriate to register a Youth Court order in the Family Court in order to improve the safety of the child to which it relates and that it may be appropriate to modify the criteria governing eligibility for a grant of legal aid in such matters, so that it is easier for a carer to obtain a grant of legal aid, and therefore a certificate which waives the court filing fee. 

The Federal Circuit Court or Family Court currently waives its filing fee where a person has obtained a grant of legal aid. 

The government accepts that a protocol should be developed to identify the criteria that would apply where a person wants to register a Youth Court order in the Family Court in order to improve the safety of the child for which the order relates.

It is the Commonwealth Government, rather than the state government, that provides the Legal Services Commission with funding for applications made in the Family Court and other 'Commonwealth law matters'. The South Australian Government will request the Commonwealth Government to provide specific funding to cover the matters that come within that protocol. 

Progress update: 

Where the Youth Court order relates to a person who has received a grant of aid, any required filing costs in the Family Law Courts are waived under existing arrangements. 

The Department for Child Protection, Child Protection Reform Implementation Team will meet with Legal Services Commission to progress implementation of this recommendation further. 

Lead agency: 
Legal Services Commission (LSC)

Accepted in principle - Phase 2

Reform theme: 
Addressing child safety concerns
Updated date: 

December 2017