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 a patient to be represented at the Mental Health Review Tribunal 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 along with:
The practitioner must also ensure that the following documents are retained on file:
The merits test applies for matters in the Mental Health Review Tribunal for:
The merits test does not apply in relation to applications for requests by the presiding member of the tribunal pursuant to sections 450, 451, 452 or 453 of the Mental Health Act 2000.
When considering applications made by patients, Legal Aid Queensland will consider:
Representation in the Mental Health Review Tribunal will be provided on an in-house basis by the Mental Health Section of Legal Aid Queensland unless there is a conflict of interest.
The grant of aid to represent a client before the Mental Health Review Tribunal is a MHR.
The grant of aid for counsel to appear before the Mental Health Review Tribunal is a MHRC.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).