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 to apply, vary or respond to an application for a protection order in the magistrates court the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
The following documents are retained on file but may be requested by Legal Aid Queensland:
1 General Intimate Partner Violence Statistics, Australian Domestic and Family Violence Clearinghouse (February 2011).
2 Ibid; page 2
3 Schedule A of the National Partnership Agreement on Legal Assistance Services states - the priorities for family law matters relate to complex issues and fundamental matters necessary for the wellbeing of children and/or people who have experienced, are experiencing or are at risk of experiencing, family violence AND the Agreement between The State of Queensland and Legal Aid Queensland which prioritises domestic violence in civil law matters.
Domestic violence is defined as any of the following behaviours that a person commits against another person if a relevant relationship exists between the two persons. Behaviour that:
Relevant relationship includes:
Examples of where a domestic violence order is necessary or desirable includes:
The Queensland Police Service (QPS) is a principal provider of representation for domestic violence proceedings.
In both of these cases the QPS is the applicant and aid is not available as the applicant does not require legal assistance funding from Legal Aid Queensland.
There are some cases where the aggrieved has made an application for a domestic violence order and the QPS have been assisting the applicant at the court.
If this is the case a grant of legal aid may be available subject to the means test, guidelines 3 – domestic violence and the merits test.
Aid may be granted to vary a domestic violence order provided the applicant meets the merits test with regards to the reasonable prospects of success test and the appropriateness of spending limited public funds test. Examples where an order may need to be varied include:
Aid will be granted to respondents to domestic violence applications where evidence is provided which demonstrates the application by the aggrieved is unlikely to be successful and the respondent meets the means test and merits test.
Evidence should indicate that:
The grant of aid to apply, respond or vary a protection order in the magistrates court under the Domestic and Family Violence Protection Act 2012 is G7.
If the contested hearing in the magistrates court exceeds one day, an extension of aid is available under the G7B grant of aid.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).