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 for party/non-party to appeal a decision made by QCAT the following tests must be satisfied:
Direct representation (child)
Requests for aid to appeal a decision made by QCAT for a child protection matter will be referred to a grants manager for consideration.
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with:
The following documents are retained on file:
Competent to provide instructions
In considering an application for legal assistance by a child the age of the child is not a determining factor as to whether the child is competent to provide instructions.
Legal Aid Queensland considers in line with the authority in Gillick that an applicant child is competent to provide instructions when:
In making a determination as to the competence of an applicant child to provide instructions to a lawyer, Legal Aid Queensland will take into consideration the opinion provided by the practitioner who provided the initial advice to the applicant child.
The grant of aid to appeal a decision of QCAT to the district court for a party is KC6.
The grant of aid for additional days of an appeal of a QCAT decision to the district court for a child is KC16.
The grant of aid for any additional days of an appeal of a QCAT decision to the district court is KC7.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).