The Board of Legal Aid Queensland Legal Aid Queensland is created by and operates under the terms of the Legal Aid Queensland Act 1997.
The Board of Legal Aid Queensland consists of five members, one of whom is appointed as Chairperson, and another to represent the interest of legally assisted people.
The Board determines policy for the delivery of legal aid services in Queensland.
Legal Aid Queensland's services include court representation, duty lawyer, legal advice and information.
Services may be provided by staff employed by Legal Aid Queensland, private lawyers, community legal centres and other legal service providers.
The day to day operations of Legal Aid Queensland are managed by a Chief Executive Officer who reports to the Board.
Legal Aid Queensland has agreements with both the Queensland and Commonwealth Governments for the provision of services in each jurisdiction. The agreements specify priorities for service provision which are determined by each of the Governments.
In addition to private lawyers who supply legal aid services on behalf of Legal Aid Queensland, it maintains a network of Legal Aid offices to help ensure an equitable distribution of contact points throughout Queensland.
Legal Aid offices are located at:
Brisbane - 44 Herschel Street, Brisbane, Queensland.
Regional - Bundaberg, Caboolture, Cairns, Inala, Ipswich, Mackay, Maroochydore, Mount Isa, Rockhampton, Southport, Toowoomba, Townsville, Woodridge.
Structure of Legal Aid Queensland
MATTERS GRANTED AID
The principal role of Legal Aid Queensland is to manage the provision of quality legal services to people in Queensland who are financially and/or socially disadvantaged.
Legal Aid Queensland's core services are representation, legal advice and information and the provision of duty lawyers at Magistrate's and Children's Courts.
All services are provided within the terms of the Legal Aid Queensland Act 1997.
STATE-COMMONWEALTH GOVERNMENT PRIORITIES
The State and Commonwealth Governments set priorities for the delivery of legal aid in Queensland.
These priorities are listed below.
State Priorities
Legal Aid Queensland grants legal assistance in state matters in the following order of priority which has been decided by the State Government.
Criminal Law
Prescribed Criminal Proceedings
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District and Supreme Court criminal proceedings. |
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Indictable offences in the Children's Court at every stage of the proceedings. |
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Appeals to the Court of Appeal or the High Court with respect to criminal charges. |
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References to the Mental Health Tribunal in respect of prescribed criminal proceedings. |
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Committal proceedings in the Magistrates Court in respect of charges for which the maximum penalty exceeds 14 years. |
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Breaches of probation, community service and suspended sentences in District and Supreme Courts. |
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Bail. |
Committal Proceedings – Generally
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Committal proceedings in the Brisbane and Ipswich Magistrates Court during the Committals Pilot Project. |
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Summary Criminal Prosecutions. |
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Pleas of Guilty in the Magistrates Court. |
Civil Law
Child Protection
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Responding to child protection proceedings. |
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Representation of children in child protection proceedings. |
Domestic Violence
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Applicants for protection orders under the Domestic Violence (Family Protection) Act 1989 where the application is not being brought by the police. |
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Respondents to applications for protection orders under the Domestic Violence (FamilyProtection) Act 1989. |
Criminal Injuries Compensation
Other Matters
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Mental Health matters |
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Workers' Compensation matters |
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Inquests |
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Discrimination matters |
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Consumer matters including consumer credit |
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Applications under the Criminal Proceeds Confiscation Act 2002 (Queensland) |
Commonwealth Priorities
Commonwealth Government priorities are set out below and Commonwealth funds may only be used to provide assistance in these priority areas, subject to the following:
If Legal Aid Queensland wishes to expend Commonwealth funds on a grant of legal assistance in any individual case which does not fall within the stated priorities, it maynot do so unless:
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There are Commonwealth funds available; and |
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Legal Aid Queensland's proposal to spend Commonwealth funds on that category of case has been approved by the Commonwealth in writing before the grant of legal assistance is made. |
Generally, all matters listed as priority matters are of equal priority. However, consideration must be given to whether the matter is urgent.
Subject to any individual guideline requiring assistance to be provided, Legal Aid Queensland can determine the overall mix of assistance to be provided having regard to funds available and applications received.
Family Law
Matters arising under the Family Law Act, the Child Support (Assessment) Act and the Child Support (Registration and Collection) Act, are a Commonwealth priority if they relate to any of the following:
- separate representation of children;
- parenting plans and orders
- location and recovery orders;
- other orders relating to children;
- injunctions relating to family violence;
- child support;
- child and spousal maintenance;
- property proceedings;
- dissolution and nullity.
Family Law Process
Urgent Matters
Protecting the safety of a child or a spouse who is at risk is to be accorded the highest priority in making grants of aid in Family Law.
As a matter of urgency, aid would be granted for an interim order or injunction where:
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a child's safety or welfare is at risk; |
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the applicant's safety is at risk; |
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there is an immediate risk of removal of a child from Australia or to a remoter geographic region within Australia; or |
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there is a need to preserve assets; or |
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other exceptional circumstances exist. |
Non-Urgent Matters
Under normal circumstances aid is not granted until the parties have been separated for a sufficient period of time (taken to be 6 weeks) to enable them to be sure that there are real issuesin dispute. This is referred to as 'the six week rule'.
Primary Dispute Resolution
As far as practicable priority is given to resolving family law matters through non-litigation processes. This includes the use of counselling services to enable the parties to resolve issues in dispute between themselves and other primary dispute resolution services such as the conferencing model currently in use in legal aid bodies. Applicants for legal assistance are required to use primary dispute resolution services before any grant of legal assistance is made forcourt proceedings. Aid for litigation should be pursued only as a last resort.
Ordinarily, primary dispute resolution is appropriate where:
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the issues for resolution are substantial and there has not been a court order, registeredparenting plan, mediation or family law conference in relation to the issuesin dispute in thelast two years, unless there has been a material change in circumstances; and |
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the matter does not meet the urgency priority. |
Ordinarily, primary dispute resolution process is not appropriate where:
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there are investigations or proceedings in relation to child abuse; or |
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a party's safety or ability to negotiate effectively is jeopardised by behaviour such as violence, intimidation, control or coercion or a history of such behaviour; or |
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there is documentary or other clear evidence establishing the refusal or unwillingness of theother party to attend; or |
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there are practical difficulties which cannot be overcome, such as the geographical distancebetween the parties or the unavailability of a dispute resolution service inthe applicant'sregion. |
Where there have been previous investigations or proceedings in relation to child abuse, or violence, Legal Aid Queensland shall determine if primary dispute resolutionis appropriate in theparticular case.
Where Legal Aid Queensland determines that primary dispute resolution is appropriate, it should attempt to ensure that it is reasonable to proceed and that a party's safety or ability to negotiateeffectively will not be jeopardised.
In cases where the client is strongly opposed to participating in primary dispute resolution, they should have the opportunity to explain why. Legal Aid Queensland should take this intoconsideration in determining the most appropriate future course of action.
Agreements and Consent Orders
Where parties agree about arrangements, assistance may be granted to register an agreement,parenting plan or consent orders if:
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formal court orders are necessary; and |
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a registrar of the Magistrates Courts or the Family Court or a community legal centre oradvice service cannot help the applicant to prepare and register a parentingplan andconsent orders. |
Criminal Law
Representation on charges arising under any Commonwealth statute including charges arising under the Corporations Law and State/Territory Legislation applying thatAct:
- where the charges are to be dealt with summarily, there is a reasonable prospect of acquittal and where there is a real prospect that the accused, if convicted:
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would be imprisoned; or |
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would lose the capacity to continue in his or her usual occupation, or |
- where the charges are to be dealt with on indictment. Pleas of guilty in limited circumstances. Where such charges are brought together with charges under State/Territory law, Commonwealth funds may be used to fund a grant of legal assistance on a pro rata basis.
Civil Law
Matters arising under a Commonwealth statute limited to:
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decisions affecting the receipt or quantum of a Commonwealth pension, benefit or allowance, including war veterans' matters; |
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decisions or actions by Commonwealth authorities which have a real prospect of affecting a persons' capacity to continue in his or her usual occupation; |
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consumer protection; |
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discrimination matters; and |
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migration matters but only in circumstances as set out in the guidelines. |
Common law claims against the Commonwealth in limited circumstances.
Note: A matter that is not a Commonwealth priority is to be taken to be a Commonwealth priority if Legal Aid Queensland considers special circumstances exist in relation to the matter. A 'specialcircumstance' is any of the following:
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the applicant has a language or literacy problem; |
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the applicant has an intellectual, psychiatric or physical disability; |
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it is difficult for the applicant to obtain legal assistance because the applicant lives in a remote location; |
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in relation to family law matters – there is, or is a likelihood of, domestic violence (especially if allegations of domestic violence have been made). |
Other Services
Legal Aid Queensland also provides the following services:
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Legal Advice and Information; |
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Duty Lawyer services; |
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Community legal services through the Western Queensland Justice Network; |
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Legal assistance to women through Women's Legal Aid; and |
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Farm and Rural Legal Service. |
Legal Aid Queensland administers the Civil Law Legal Aid Scheme which is funded by the Queensland Public Trustee providing financial assistance in civil law matters where there is a power in a court or tribunal to award costs.