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Preliminary hearing or final hearing

Assessment criteria

For legal aid to be granted for a preliminary or final hearing the following tests must be satisfied:

Documentary requirements

Application received from client

Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:

  • A completed and signed Legal Aid Queensland application form.
  • Proof of income and assets (refer to the means test).
  • A copy of the crown's application and any supporting material under the Dangerous Prisoners (Sexual Offenders) Act 2003.

Application received from preferred supplier or in-house practitioner

Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:

  • A copy of the crown's application and any supporting material under the Dangerous Prisoners (Sexual Offenders) Act 2003 (if available).
  • Proof of income and assets (refer to the means test).

Practitioners must also ensure that the following documents are retained on file:

  • A completed and signed Legal Aid Queensland application form.

Allocation of a solicitor

Representation for dangerous prisoners matters will be provided on an in-house basis unless there is a conflict of interest.

Grant(s) of aid

The grant of aid for representation at a preliminary or final hearing in relation to an application pursuant to the dangerous prisoners is DP1.

Extension(s) of aid

If the preliminary or final hearing exceeds one day, an extension of aid is available for additional days. The grant of aid is DP1A.

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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