In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Civil law
END OF Civil law
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for parties, non-parties or children (direct representation) at a contested final hearing the following tests must be satisfied:
Parties to proceedings:
Practitioners seeking a grant of legal assistance must electronically submit an extension request via Grants Online attaching the appropriate checklist and include the following (if applicable):
The following documents may be submitted or retained on file but may be requested by Legal Aid Queensland:
For the purposes of guideline 1.3 the applicant or their representative must verify that it is more likely than not that with representation the applicant will obtain a different outcome to that sought by the Director of Child Protection Litigation, for example an intervention without a formal order (parental agreement or care agreement) or a different type or duration of order.
There are four main types of child protection orders:
Guideline 1.3 may also be met if it is determined that legal representation is required to assist the court in deciding a child protection application.
Circumstances where Legal Aid Queensland may consider the provision of legal assistance is required to assist the court include:
In considering an application for legal assistance by a child, the age of the child is not a determining factor as to whether the child is competent to provide instructions.
Legal Aid Queensland considers in line with the authority in Gillick that an applicant child is competent to provide instructions when:
In making a determination as to the competence of an applicant child to provide instructions to a lawyer, Legal Aid Queensland will take into consideration the opinion provided by the practitioner who provided the initial advice to the applicant child.
The grant of aid to prepare for a contested final child protection hearing (solicitor only) and appear at two court attendances is CP9.
The CP3 grant of aid is available if a practitioner is required to attend at more court attendances than provided on any existing grants of aid.
The CP3 grant of aid allows for appearances at a further 2 attendances and can be issued more than once if required.
Court attendances include appearances at court for a mention, hearing, or attendances to inspect subpoena material.
The CP6 grant of aid is available if a practitioner is required to attend a further family group meeting or case plan review meeting during stage three of proceedings.
This is a maximum fee grant of aid that allows for:
An extension of aid may be available for counsel to prepare for a contested final hearing and additional preparation for counsel if the nature and extent of funding criteria are met.
If the matter proceeds beyond stage three, extensions of aid may be available to continue representation at the following stages:
The delegation for consideration of preparation for final hearing for direct representation of a child is the Grants Manager.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).