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 defence matter to the AAT the following tests must be satisfied:
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
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:
The practitioner must also ensure that the following documents are retained on file:
Legal Aid Queensland may consider an applicant may incriminate himself or herself in a social security and other commonwealth benefit matter when:
Legal Aid Queensland may consider a case is complicated where:
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.
Legal Aid Queensland may consider there is significant medical evidence when:
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.
Legal Aid Queensland may consider an appeal involves an important or complex question of law when:
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.
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.
The grant of aid to apply to the AAT for a review of a decision in a defence matter is DEF1.
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.
Aid for counsel may be available provided the matter meets the nature and extent of funding guidelines for counsel for civil law matters.
All applications for this type of matter are determined by a designated grants officer.
All applications funded for this type of matter are subject to 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).