Clause Code : R125

Updated social assessment report refusal (child protection)

Clause type: Refusal

Solicitor clause wording

Legal aid is only available for the Separate Representative to obtain an updated or supplementary social assessment report where: - Inspection of all available material has been undertaken; and - The matter would be significantly prejudiced without the report being obtained; and - The report is necessary to assist the court in its determination of the issues; and - A substantial time has elapsed since the writing of the report that impacts on the probative value of the report (usually at least 6 months); and - There are significant changes in the circumstances of the child/ren or the parties (For example, change that, if it had occurred prior to the writing of the report, may have resulted in a significantly different conclusion in the report; and - It is not appropriate for the Department of Child Safety, Youth and Women to obtain the report. Based on the information provided, one or more of these criteria have not been met.