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 appeal a decision of the Mental Health Review Tribunal to the Mental Health 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 along with:
Practitioners must also ensure that the following documents are retained on file:
When an application is received to appeal a decision of the Mental Health Review Tribunal, the application will be referred to the Principal Lawyer of the Mental Health Section of Legal Aid Queensland to investigate the clients prospects of success. Once investigations are complete the Principal Lawyer is required to provide a recommendation to the assessing officer in relation to the clients prospects of success.
Representation in the Mental Health Court will be provided on an in-house basis by the Mental Health Section of Legal Aid Queensland unless there is a conflict of interest.
The grant of aid to appear and represent client on appeal before the before the Mental Health Court is a MHCA.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).