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Appeal to the Administrative Appeals Tribunal

Assessment criteria

For legal aid to be granted to appeal a defence matter to the AAT 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 decision made by the relevant commission (ie Military Rehabilitation and Compensation Commission or the Safety Rehabilitation and Compensation Commission).
  • Details of why the applicant considers the decision to be wrong and which parts of the decision the applicant intends to appeal, if only part of the decision is being appealed.
  • Details of the applicants defence service, including which defence force, dates, and places served.

Application received from preferred supplier

Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with the stage one grant checklist and provide the following information to Legal Aid Queensland:

  • Proof of income and assets (refer to the means test).
  • A copy of the decision made by the relevant dommission (ie Military Rehabilitation and Compensation Commission or the Safety Rehabilitation and Compensation Commission).
  • Details of why the applicant considers the decision to be wrong and which parts of the decision the applicant intends to appeal, if only part of the decision is being appealed.
  • Details of the applicants defence service, including which defence force, dates, and places served.

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

Interpretation

The applicant may incriminate himself or herself

Legal Aid Queensland may consider an applicant may incriminate himself or herself in a social security and other commonwealth benefit matter when:

  • the applicant has knowingly and intentionally under declared or not declared income and assets, and
  • the overpayment sought to be recovered is relatively large.

The case is complicated

Legal Aid Queensland may consider a case is complicated where:

  • The overpayment has occurred over a lengthy period of time and there is a significant volume of financial records.
  • There is a significant aspect of the legislation that needs to be challenged where limited case law is available.
  • There is a discretion in social security law.

It is the responsibility of the practitioner to provide details of the complex nature of the specific case in order to receive funding under this guideline.

Significant medical evidence

Legal Aid Queensland may consider there is significant medical evidence when:

  • The matter relates to a disability support pension being claimed or where there is a question of incapacity.
  • A large volume of medical evidence has been obtained by the applicant to support their claim.
  • The medical evidence is contested.

Special circumstances

For legal aid to be funded under this policy please refer to special circumstances of the applicant priorities in the commonwealth legal aid service priorities.

The appeal involves an importance or complex question of law

Legal Aid Queensland may consider an appeal involves an important or complex question of law when:

  • It appears that the applicant has not been provided with constituted adequate notice under law,
  • It appears that the eligibility or qualification of the applicant has been misinterpreted, or
  • Where the consequences may be far reaching or involve systemic errors.

It is the responsibility of the practitioner to provide details of the important or complex question of law for the specific case in order to receive funding under this guideline.

Allocation of a solicitor

As veterans appeals work is a specialised field, Legal Aid Queensland has a specific panel list of preferred suppliers who practice in this area of law, only preferred suppliers on this panel can be referred war veterans’ matters.

Grant(s) of aid

The grant of aid to apply to the AAT for a review of a decision in a defence matter is DEF1.

Extension(s) of aid

The grant of aid to obtain counsels opinion on prospects of success is DOP.

The grant of aid to apply to prepare for and attend a hearing before the AAT for a defence matter is DEF2.

The grant of aid to attend additional days of hearing before the AAT for a defence matter is D2A.

Counsel

Aid for counsel may be available provided the matter meets the nature and extent of funding guidelines for counsel for civil law matters.

Decision makers

All applications for this type of matter are determined by a designated grants officer.

Retrospective contributions

All applications funded for this type of matter are subject to a retrospective contribution.

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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