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Specialist medical procedures involving children

Assessment criteria

For legal aid to be granted for court proceedings relating to special medical procedures involving children, the following tests must be satisfied:

Decision makers of a higher delegation

If the matter has or will exceed the cap as outlined in guideline 18.2 – limit on costs, the matter will be referred to a Grants Manager for consideration.

Documentary requirements

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
  • Proof of income and assets (refer to the means test)
  • Copies of any court documentation.

Application received from preferred supplier or in-house practitioner

Preferred suppliers seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with details as to how the applicant meets the guidelines for specialist medical procedures involving children and copies of any court documentation.

The following documents must be retained on the practitioner's file but may be requested by Legal Aid Queensland:

  • A completed and signed Legal Aid Queensland application form
  • Proof of the applicants income and assets (refer to the means test)

Grant(s) of aid

Grants of aid for specialist medical procedures will be funded in accordance with the family law stage model for parenting disputes.

Extension(s) of aid

Solicitors may also request additional funding outside the stage model; the criteria applied to these requests are contained within nature and extent of funding.

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).

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