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Victorian legal professionals exempt from childcare restrictions

Victorian solicitors and barristers have been provided a critical exemption to the state’s childcare restrictions, allowing for assistance during online proceedings.

user iconNaomi Neilson 20 August 2020 Big Law
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In a joint effort by the Law Institute of Victoria (LIV), Victorian Bar, the courts and other stakeholders, the legal professional bodies have guaranteed the state’s barristers and solicitors can access childcare when their matters are being heard. 

In a letter to its members, LIV confirmed the Department of Justice and Community Safety agreed with the exemptions, enabling lawyers who appear as judicial officers – online or in person – to access the onsite childcare/kindergarten permits. The permit will be provided under limited circumstances but will “support the administration of justice”. 

 
 

“The exemption will allow solicitors and barristers undertaking the online court-initiated proceedings from home, including audio and visual link trials, [court-ordered] mediations and direction hearings, to access childcare for [preschool-age] children,” LIV wrote. 

The exemption is limited to individuals appearing online and during court proceedings, those who have no other access to childcare and those who require access to an early childcare permit. It will not apply to those with a second carer in the home. 

This comes after the Australian Lawyers Alliance expressed concern that the Victorian limited childcare restrictions would directly affect the work of legal professionals. ALA president Jeremy King said the restrictions “did not make sense” for judicial officers. 

The ALA wrote to the state’s Attorney-General requesting an urgent review into access of childcare services for legal practitioners, “as the current situation means that a large number of injured plaintiffs will be denied full and prompt access to justice”.

Under the restrictions, parents were only able to access centre-based care if they did not have anyone else at home to look after their child. 

“We will continue to advocate on your behalf to ensure you are able to support in the administration of justice during these difficult COVID-19 and [stage four] restrictions,” LIV assured members in the letter.

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