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 an applicant to be represented in proceedings for unfair dismissal through the Fair Work Commission, the following tests must be satisfied:
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 with the employment law - unfair dismissal information request and attach:
The following documents are retained on file but may be requested by Legal Aid Queensland:
For a full definition for a national system employee and employer, please refer to section 13 and 14 of the Fair Work Act 2009 (Cth).
For the purposes of this guideline Legal Aid Queensland may consider an applicant for aid to be a national system employee if they are employed or usually employed:
For the purposes of this guideline Legal Aid Queensland does not consider an applicant for aid to be a national system employee if they are employed or usually employed by the State or local government.
An employee is eligible to make an application for unfair dismissal remedy if they have completed the minimum employment period of:
For legal aid to be granted, the applicant must have either lodged their application for unfair dismissal or made an application for legal aid with enough time for an application for unfair dismissal to be filed within the time limits for lodgement.
The time limits for lodgement are:
For legal aid to be granted for employment matters, the applicant must be earning less than the high income threshold under the Fair Work Act, 2009. The high income threshold can be viewed at the Fair Work Commission website.
For the purposes of this guideline Legal Aid Queensland may consider an applicant to be disadvantaged if they:
In relation to employment matters, those at risk of social exclusion are identified as:
All employment matters are to be allocated to an employment lawyer within the civil justice team of Legal Aid Queensland.
The initial grants of aid available are as follows:
The following extensions of aid are available for solicitors:
The following extensions of aid are available for counsel:
Grants of legal assistance for these types of matters may be approved on the condition that the applicant will pay 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).