On this page:
To guide decision-making about Legal Aid Queensland's participation in research projects with external agencies
Background
Legal Aid Queensland is constituted under the Legal Aid Queensland Act 1997 which outlines our main functions. These include:
- to ensure legal assistance is provided in the most effective, economic, commercial and efficient way, and
- to pursue innovative ways of providing legal assistance to minimise the need for individual legal services in the community.
The Legal Aid Queensland Strategic Plan 2005-2008 states Legal Aid's mission is 'to enhance access to justice in Queensland'.
The strategic plan identifies a number of objectives to assist in the achievement of Legal Aid's mission including a commitment to 'participate in research activities to improve services needed by disadvantaged Queenslanders'.
This research policy provides guidance to Legal Aid Queensland staff and researchers about the:
- principles that apply when making a decision about whether Legal Aid Queensland should participate in a particular research project or activity
- criteria to be applied to determine whether a particular research project or activity is appropriate for Legal Aid Queensland to participate in, and
- process for obtaining formal approval for Legal Aid Queensland to participate in a particular research project or activity and reporting back on the outcomes of the research project.
We will, from time to time, determine priority areas for research that will form part of this research policy. These research priorities will be circulated to tertiary and other research institutions to inform any prospective joint research proposals with Legal Aid Queensland. Preference will be given to research projects that fall within the research priority areas.
Principles
- Legal Aid Queensland is committed to participating in research activities that will assist it to improve services needed by disadvantaged Queenslanders and to advocate for legal reforms that would benefit disadvantaged Queenslanders.
- The research projects and activities that Legal Aid Queensland participates in are expected to provide information that will assist Legal Aid to perform its functions under the Legal Aid Queensland Act 1997.
- All research projects and activities that Legal Aid Queensland participates in will be undertaken with due regard to the legal professional privilege and secrecy obligations under sections 75 and 82 respectively of the Legal Aid Queensland Act 1997.
- All research projects and activities that Legal Aid Queensland participates in will be based on sound research methodology and conducted in a professional and rigourous manner.
- All research projects and activities that Legal Aid Queensland participates in will have been approved by an appropriate ethics committee connected to the research partner involved in the project and will treat participating Legal Aid staff and clients with respect and will protect their confidentiality.
Criteria for selection of research projects
When considering a research project or activity for Legal Aid Queensland involvement, the following criteria should be applied:
- The research project or activity should have the potential to assist in analysing the impact of the law or aspects of the legal system on disadvantaged people.
- The research project should provide information that will assist Legal Aid Queensland to improve services needed by disadvantaged Queenslanders or to advocate for legal reforms that would benefit disadvantaged Queenslanders.
- The research project or activity should be based on sound research methodology and Legal Aid Queensland should be satisfied that the research will be conducted in a professional and rigourous manner.
- The project should have the potential to enhance the strategic policy role taken by Legal Aid Queensland in areas of both state and commonwealth law.
- The research project should fall within Legal Aid Queensland's research priority areas.
- The research should build on previous research that Legal Aid Queensland has been involved in, or support or complement other activities or strategies of Legal Aid Queensland, such as actions in Business Plans or Access Strategies documents.
- The resourcing commitment required by the research project from Legal Aid Queensland needs to be identified and justified on the basis of the research outcomes anticipated.
- Whether the project has received funding from a recognised research funding body.
- The research project should be approved by an appropriate ethics committee connected to the proposed research partner.
- Legal Aid Queensland needs to be confident that Legal Aid staff and clients who participate in the research project will be treated with respect and have their confidence and identities protected.
- Legal Aid Queensland's participation in the research project will not breach its legal professional privilege and secrecy obligations under sections 75 and 82 of the Legal Aid Queensland Act 1997.
Process for obtaining approval for participation in a research project and reporting back at the conclusion of the project
All research projects that it is proposed Legal Aid Queensland participate in must be formally approved by the Chief Executive Officer.
To obtain approval for a research project, a Proposal for Legal Aid Queensland to Participate in a Research Project should be prepared addressing the following:
- The name of the research project and a summary of the proposed research, its objects and anticipated outcomes and timetable.
- The name of the person or organisation conducting the research and their qualifications and experience in conducting this type of research.
- The data to be collected, how it will be collected, the research methodology and the data analysis that will be involved.
- The proposed Research Liaison Officer for the project with confirmation that the nominated person agrees to perform the role.
- Each of the criteria for selection of a research project listed above.
The research proposal document should be submitted to senior managers for discussion and consideration. Following this consideration, the CEO will approve or decline the research proposal.
Nomination of Research Liaison Officer
At the time of approval of the research project, the CEO will nominate a Research Liaison Officer who will be responsible for the research project within Legal Aid Queensland. This person will be responsible for all liaison with the research partners and for keeping Legal Aid Queensland informed about the progress of the project.
Legal Aid Queensland to seek an active role in research project planning and finalisation of research report
Legal Aid Queensland's preferred approach to research activities is that it should take an active role in the planning and development of all research projects in which it participates and in the finalisation of any research report that uses data and information obtained from Legal Aid Queensland databases, files, staff, or clients.
Accordingly, before agreeing to participate in a research project Legal Aid Queensland will seek the establishment of a research project steering committee or reference group and its inclusion in such a group. Further, Legal Aid Queensland will obtain a commitment from its research partner/s that, before the final report of the project is released, a draft copy of the report will be delivered to Legal Aid Queensland to allow the examination of findings and interpretations relating to Legal Aid Queensland data or information to ensure:
- the findings and interpretations are reasonable and supported by the data, and that alternative interpretations and explanations can be considered and included in the report
- clients and staff of Legal Aid Queensland cannot be identified without their consent, and
- there are no breaches of legal professional privilege, confidentiality or secrecy under the Legal Aid Queensland Act 1997.
Report back on the research project
At the time of approval, the CEO will also direct that a report be brought back to the CEO at a specified future time—either at critical milestones in the project or at its conclusion—informing the CEO about the outcome or progress of the research project. The Research Liaison Officer for the project will be responsible for the preparation of this report.
The report shall containing the following information:
- Where the project is on-going — an update on the project, how it is tracking against its timelines and any interim reports where available.
- Where the project is completed — the outcome of the research project, including a copy of the research report and a summary of its findings and recommendations.
- A statement outlining how the findings of the project will assist Legal Aid Queensland to perform its functions and the actions being taken to implement the recommendations of the report or use the learnings from the research to improve Legal Aid services or advocate for legal reform.
- An analysis of the benefits of the project to LAQ relative to the resources invested by LAQ in the project.
Resources can include a financial contribution to the cost of the research, a commitment of staff time to be interviewed or surveyed, or to participate in project planning and meetings, or to collect and/or enter data.