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Statement of affairs

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Introduction

Legal Aid Queensland is a statutory authority that provides legal information, advice and representation to financially and socially disadvantaged Queenslanders.

Functions

We specialise in criminal, family and civil law. We offer legal help - information, advice and representation - across all areas. Our information and advice services are free to all Queenslanders. Representation is available to people who meet our means and merit test guidelines.

  • Criminal law - we are the state's largest criminal law practice. We employ many of Queensland's leading criminal defence solicitors and counsel who represent individuals (both children and adults) charged with criminal offences before all court jurisdictions in Queensland. From duty lawyer services to major and complex cases heard in the Supreme Court, we are an integral and driving force in Queensland's criminal justice system.
  • Family law - our Family Law Practice provides specialist family law services in the areas of child support, child representation, domestic violence and general family law matters. Much of the practice's work is dedicated to ensuring children have a voice in the legal system and their best interests are considered and met.
  • Civil law - our Civil Justice Practice provides Legal Aid Queensland's civil law services. The team, which specialises in criminal injuries compensation, consumer law disputes and anti-discrimination law, undertakes casework, provides legal advice, legal information and community education on a statewide basis, and participates in law reform.

Funding

We are funded by the Queensland Government to undertake state law matters, ie criminal law and civil law matters. Other sources of funding for state law matters include solicitor trust fund interest, client contributions and interest on invested Legal Aid Queensland funds.

We are funded by the Australian Government to undertake Commonwealth law matters, ie family law matters. The funding priorities set out by the Commonwealth for family law matters stipulate protecting the safety of a child or spouse who is at risk, is to be given highest priority for grants of aid in family law matters. The Commonwealth also stipulates that as far as possible, priority should be given to resolving family law matters through non litigious processes, ie dispute resolution and counselling.

Locations

We have 14 offices throughout Queensland: Brisbane (central office); Cairns; Townsville; Mount Isa; Mackay; Rockhampton; Bundaberg; Maroochydore; Caboolture; Woodridge; Inala; Ipswich; Toowoomba; and Southport.

Our mission

To enhance access to justice in Queensland.

Our vision

To be leaders in providing quality legal services to disadvantaged clients, and in advocating changes to the legal system that will improve their access to justice.

Our values

  • Social justice - we strive to ensure people receive fair treatment
  • Respect - we show respect for the people we assist and those with whom we work
  • Quality - we continue to improve our services and business systems
  • Effectiveness - we strive to increase cost effectiveness in delivering services

Corporate governance

The Legal Aid Queensland Board is the governing body of our organisation and is responsible to the Attorney-General. Legal Aid Queensland is managed by a Chief Executive Officer, who is also an ex-officio member of the board. The Chief Executive Officer is appointed by the Governor-in-Council at the recommendation of the board.

The Legal Aid Queensland Board

The board has five members, all of whom have knowledge or experience in commerce, economics, financial management or providing legal services. The board is headed by a chairperson, who is elected by the Governor-in-Council. Board members are appointed by the Governor-in-Council for a period of three years.

Corporate structure

Legal Aid Queensland's Corporate Structure

Public participation in policy making activities

The Board of Legal Aid Queensland conducts priorities reviews in consultation with community representatives in order to reshape the Board's service emphasis, if desired. Our services are evaluated each year which involves extensive consultation with community members, legal aid applicants and clients in respect of a wide range of service and policy options. Periodic community consultations are also conducted.

Categories of documents held by Legal Aid Queensland

Legal Aid Queensland holds documents including administrative files, agency records, agreements, audit files, evaluation reports, financial records, grants files, inhouse files, legal advice records, personnel files, policy documents, policy and procedure manuals, publications, project files, registers, research/discussion papers, reports, strategic plans, tender documents, time costing forms. These documents may be kept in printed form (copy or original), on audio tape, video tape or CD.

Employee records - Legal Aid Queensland holds paper and electronic records relating to personnel management and recruitment. It collects and uses information for recruitment of permanent, temporary and casual employees, including job applicant information, employee relations including disciplinary matters, payment of salaries, maintaining leave records and performance review.

Access to information

The Queensland Freedom of Information Act 1992 (the FOI Act) gives people a right, subject to limited exceptions, to access documents held by ministers, state government departments, local authorities and most government agencies and statutory authorities.

The FOI Act has three aims:

Access - The FOI Act gives you the right to apply for documents, including those about you held by agencies. There may be a charge and application fee. You can examine and have copies of documents. If an agency does not give you access to documents you want to see, you have rights of appeal.

Amendment - You can apply to have information about your personal affairs changed, if you believe it is inaccurate, incomplete, out-of-date or misleading.

Availability - Agencies must produce a Statement of Affairs which provides information about their functions and operations. This includes information about their structure, decision-making processes, public participation through boards, councils or committees, and policy documents. You can either ask to see these or purchase a copy at an agency's office. Agencies must also make their policy documents available for inspection.

How do I make an FOI application?

The application must be in writing and provide such information concerning the document as is reasonably necessary to enable an officer to identify the document. Your application will be acknowledged within fourteen days of it being received.

How much will it cost?

There is no application fee to look at documents about your 'personal affairs'. You can also ask for a free copy of these documents. Proof of identity will be required before providing access to 'personal affairs' documents. However, there is an application fee of $36 for requests for access to 'non-personal affairs' documents and other charges for making photocopies, plus special rates for other means of information storage.

What happens when access is granted?

You will be notified in writing of the decision to grant access. You may inspect the agency's documents and obtain a copy. In some cases, another form may be more appropriate, such as listening to a tape recording or watching a video.

If for some reason copies of documents cannot be made and sent to you, the FOI Coordinator will discuss with you how, when and where you can view the material.

Can I have documents amended?

You can apply to an agency for correction or amendment of any part of the information about your 'personal affairs' that you believe is inaccurate, incomplete, out-of-date or misleading. Requests for amendment must be in writing and specify the information that requires amendment.

The amendment is made by altering the record or adding a notation to the document. If the agency refuses, or makes different changes, it must inform you of its reasons and your rights of appeal.

Internal review

The first step is to apply for an internal review within 28 days of being told of the decision. There is no fee or charge payable by an application for requesting an internal review of the decision. An application for review must be in writing.

A person senior to the original decision-maker will review your application and inform you of the review decision within 28 days. Reasons will be given if access or amendment is still refused.

External review

If you are still dissatisfied with the decision on your application, you can write to the Office of the Information Commissioner, PO Box 10143 Adelaide Street, Brisbane, Queensland 4000 and apply for an external review within 28 days of the agency's decision. The Information Commissioner may change or confirm the decision made on your FOI application or try to mediate a settlement between the parties. No fee is payable for requesting an external review.

For more details, contact the FOI Coordinator, Legal Aid Queensland, GPO Box 2449, Brisbane, Queensland 4001 or telephone 1300 65 11 88, facsimile 07 3238 3340.

Administrative access

Where Legal Aid Queensland acts for you as your solicitor, you are entitled to certain documents held on your file(s). You can apply in writing to LAQ for access to those documents. For further information, download the Administrative Access Adobe PDF iconpolicy document (PDF - 81k).

 

Last updated 20 May 2008
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