In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Nature and extent of funding
END OF Nature and extent of funding
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for counsel to make formal summary application at committal the following tests must be satisfied:
If a practitioner requires aid for counsel to make a formal summary application at committal the practitioner must lodge an extension of aid request through the Grants Online system and advise how the matter meets the merits test and details of how the matter is of sufficient public interest or complexity which warrants counsel.
A formal application must be made to the magistrate to:
For an extension of legal aid to be granted for solicitor to instruct counsel to make the formal application, the merits test must be met with particular reference to the “appropriateness of spending limited public funds” test and “prudent self funding litigant” test.
The grant of aid for solicitor and counsel to make formal summary application to cross-examination of witness(es), disclosure direction order, and/or indicting summary matters is a MR4
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of legal aid decisions).