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Appeal a Mental Health Review Tribunal decision

Assessment criteria

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:

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).
  • Copies of any relevant court documentation.

Application received from preferred supplier or in-house practitioners

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

  • Copies of any relevant court documentation, and
  • 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.

Interpretation

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.

Allocation of a solicitor

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.

Grant(s) of aid

The grant of aid to appear and represent client on appeal before the before the Mental Health Court is a MHCA.

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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