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Stage five - appeal interim/final order

Assessment criteria

For legal aid to be granted for Separate Representatives to appeal a final child protection order the matter must meet the merits test.

If the Separate Representative is responding to an appeal of a child protection order, the merits test does not apply.

Documentary requirements

Applicant to appeal

Separate Representatives seeking a grant of legal assistance as an applicant for an appeal should electronically submit an application for aid via Grants Online and provide the following:

  • Details as to why an appeal is being sought.
  • A merit opinion in relation to the prospects of success of the appeal.
  • A copy of the child protection order.
  • A summary (copy if available)of the reasons for judgment.
  • The appropriate checklist.

Respondent to an appeal

Separate Representatives seeking a grant of legal assistance as a respondent to an appeal should electronically submit an application for aid via Grants Online and provide the following

  • The Notice of Appeal
  • A copy of the child protection order.
  • A summary (copy if available) of the reasons for judgment.
  • A summary of your position regarding the appeal.
  • The appropriate checklist.

Grant(s) of aid

The grant of aid to prepare for and attend at day one of an appeal of a child protection order in the Children’s Court of Queensland is ASR.

Extension(s) of aid

The grant of aid to attend at additional days of appeal against a child protection order in the Children’s Court of Queensland is A1SR.

Additional preparation

An extension of aid may be available for additional preparation for solicitor or counsel if the nature and extent of funding criteria are met.

Decision makers of a higher delegation

Requests for aid for a Separate Representative to appeal a decision made by the Children’s Court for a child protection matter will be referred to a grants manager for consideration.

Review of decisions

A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).

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