Applications for aid from parties, non-parties and children (directly represented) to negotiate with the Department of Communities, Child Safety and Disability Services, after a final order has been made, are not subject to merits testing.
For funding to be granted the following tests must be satisfied:
Parties to proceedings:
Non-parties:
Direct representation:
Documentary requirements
Extension requests received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance must electronically submit an extension request via Grants Online attaching the following:
- The appropriate checklist, and
- A copy of the final orders.
The following documents may be submitted or retained on file but may be requested by Legal Aid Queensland:
Interpretation
Guideline 1.7 – child protection
In order to satisfy guideline 1.7, the following criteria apply:
- Final orders have been made, and
- The applicant is named on the order, and
- The applicant is required to negotiate with the Department, or
- The applicant is required to attend a family group meeting or case plan review meeting.
Grant(s) of aid
The grant of aid to negotiate with the Department or attend a family group meeting or case plan review meeting after a final child protection order has been made is CP16.
This is a maximum fee grant of aid to negotiate with the Department or attend a family group meeting or case plan review meeting.
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).