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Stage four - Attend final hearing

Assessment criteria

For legal aid to be granted for Separate Representatives to attend the contested final hearing the following tests must continue to be satisfied:

Documentary requirements

Practitioners seeking a grant of legal assistance should electronically submit an extension request via Grants Online attaching the appropriate checklist.

Grant(s) of aid

The grant of aid for the Separate Representative to attend for the contested final child protection hearing (solicitor only) is SR14.

This is a maximum fee grant of aid that allows for attendance at a day of hearing and will be issued for each day of hearing.

Extension(s) of aid

The SR16 grant of aid is available if a Separate Representative is required to negotiate with the Department or attend a case plan review meeting after a final child protection order has been made.

Additional preparation

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

Counsel

An extension of aid may be available for counsel to attend a contested final hearing and additional preparation for counsel for an adjourned trial if the nature and extent of funding criteria are met.

Other extensions

If the matter proceeds beyond the contested final hearing, extensions of aid may be available to continue representation at the following stages:

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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