For legal aid to be granted for an ex officio plea the following tests must be satisfied:
If the applicant has:
- an existing grant of aid for other criminal law matters and the applicant is approved aid with the same law firm, the multiple grants of aid policy must be met.
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- A completed and signed Legal Aid Queensland application form.
- Relevant proof of income and assets (refer to the means test).
- A copy of the charge or charges such as a notice to appear, bench charge sheet or Queensland court brief (QP9) material.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with:
- Relevant proof of income and assets (refer to the means test)
- the "request to represent co-accused submission form" and where the request is submitted from either Legal Aid Queensland or ATSILS a copy of the appropriate internal delegate approval (if applicable).
The following documents are retained on file:
Ex officio process
It is open to an accused to bypass the committal proceeding and consent to the presentation of an indictment in either the district or Supreme Court. Where both parties consent, if the defendant in relation to a charge meets certain criteria the matter may be referred to the registry to be managed by the clerk of the court.
If the matter is proceeding by way of ex-officio plea the relevant grant is:
- the CF grant of aid if the matter is to be heard in the District Court
- the CJ grant of aid if the matter is to be heard in the Supreme Court
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).