In this section
START OF Policies and procedures
START OF Grants Handbook
START OF Conditions of aid
START OF Client conditions
END OF Client conditions
END OF Conditions of aid
END OF Grants Handbook
END OF Policies and procedures
For an existing grant of legal assistance to be transferred to another practitioner the following tests are applied:
If a legally aided person requests a transfer of solicitor as they have lost confidence a transfer of solicitor will not be approved. Legal Aid Queensland refers all clients back to their practitioner to resolve any disagreements or concerns in first instance.
If legal aid clients are unable to resolve their dispute with the practitioner, Legal Aid Queensland may approve a transfer of solicitor only if it is determined that there is an irretrievable breakdown in the relationship between the client and the practitioner.
Under this policy, if there is no conflict of interest or irretrievable breakdown in the client/practitioner relationship the legal aid client will need to satisfy that it is an appropriate expenditure of limited legal aid resources to transfer the grant of aid to another solicitor.
Instances where it would be appropriate to transfer a practitioner in a criminal law matter under the appropriateness of spending limited public funds test are as follows:
Conflict of interest
The following grants of aid may be issued if a transfer of solicitor is approved:
There is no right of appeal to the external review officer against a decision to refuse to transfer a grant of aid to a new solicitor. The matter can be referred to a senior grants officer for reconsideration.