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 assist an applicant in proceedings for contravention of the Fair Work Act 2009 (Cth) where there has been a breach of general protections, 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 with the employment law – general protections information request and attach:
The following documents are retained on file but may be requested by Legal Aid Queensland:
For a full definition for a national system employee and employer, please refer to section 13 and 14 of the Fair Work Act 2009 (Cth).
For the purposes of this guideline Legal Aid Queensland may consider an applicant for aid to be a national system employee if they are employed or usually employed:
For the purposes of this guideline Legal Aid Queensland do not consider an applicant for aid to be a national system employee if they are employed or usually employed by the State or local government.
For legal aid to be granted, the applicant must have either lodged their application for general protections or make an application for legal aid with enough time for an application for general protections to be filed within the time limits for lodgement.
The time limits for lodgement are as follows:
A person (such as an employer), must not take any adverse action against another person (such as an employee), because that person has a workplace right, has exercised or not exercised a workplace right or proposes to exercise or not exercise that workplace right.
Workplace rights include:
An employer must not take adverse action against an employee (or prospective employee) because of their:
An employer must not dismiss an employee because the employee is temporarily absent from work because of an illness or injury of a kind prescribed by Regulation 3.01 of the Fair Work Regulations 2009.
A person must not take or organise any action against another person, or threaten to do so, with the intent to coerce them, or anyone else, to:
A person must also not knowingly or recklessly make a false or misleading representation about another person’s workplace rights, the exercise of those rights, or the effect of exercising those rights.
An employer must not tell an employee that they are being hired as a contractor if they are really an employee. An employer must not dismiss or threaten to dismiss an employee in order to hire them as an independent contractor doing the same or substantially the same work.
For the purposes of this guideline Legal Aid Queensland may consider an applicant to be disadvantaged if they:
In relation to employment matters, those at risk of social exclusion are identified as:
All employment matters are to be allocated to an employment lawyer within the Civil Law team of Legal Aid Queensland.
The initial grants of aid available are as follows:
The following extensions of aid are available for solicitors:
The following extensions of aid are available for counsel:
Grants of legal assistance for these types of matters may be approved on the condition that the applicant will pay a retrospective contribution.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).