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.