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 to make an application for a peace and good behaviour order in the magistrates court the following tests must be satisfied:
For legal aid to be granted to file a complaint and summons in relation to a breach or to defend an application or breach of a peace and good behaviour order 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:
Practitioners must also ensure that the following documents are retained on file:
A peace and good behaviour application is an application to the magistrates court seeking that an order be made that the defendant keep the peace and be of good behaviour. The court will determine the length of time the order is to be effective and will also include any other stipulation that it thinks fit. The Peace and Good Behaviour Act is used in situations which fall outside the Domestic Violence Act.
In order to bring an application the applicant must show evidence of a threat by the defendant:
The complainant must also show that he/she is in fear of the defendant. If the evidence of the applicant is that they consider the threats a mere annoyance, the court will not make an order under the Act as one of the grounds has not been established. The application is heard by a magistrate and the applicant must give evidence of the threats and of his/her fear.
An extremely perilous situation is one where the applicant fears that he/she is in imminent physical danger from the other party. Where the applicant is in real fear of physical violence, it would not be appropriate to refer the matter to the Dispute Resolution Centre.
The Dispute Resolution Centre is a mediation program set up by the state government. Trained mediators arrange a meeting between the parties in dispute and endeavour to assist them to reach agreement. The Dispute Resolution Centre is a free service. It would be appropriate to refer people with neighbourhood disputes to the Dispute Resolution Centre where threats made are annoying rather than serious. Other disputes handled by the centre include family, workplace, public issue and community disputes.
The grant of aid to represent a client in the magistrates court under the Peace and Good Behaviour Act and conduct a hearing is G6.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).