For legal aid to be granted for a transcript the following tests must be satisfied:
- aid has been provided for the substantive matter, and
- a fee waiver cannot be requested or has been requested and not approved, and
- the request meets the merits test.
Extension of aid requests for a transcript of proceedings in commonwealth matters are determined by a grants manager.
Extension of aid requests received from preferred suppliers or in-house practitioners
Practitioners seeking an extension of aid for a transcript, should electronically submit an extension for aid request via the Grants Online system, advise how the request meets the merits test, and provide a quote for the transcript.
Fee waiver applies
If a client is assessed by Legal Aid Queensland (LAQ) as meeting our means test then this is sufficient for the client (or solicitor acting on their behalf or LAQ) to obtain a waiver of fees for a transcript on the basis of financial hardship provided they were a party to the proceedings. Practitioners must request Auscript to waive the fees due to financial hardship. To support the application please contact your grants officer who will provide a letter that can be attached to the fee waiver form.
For the purposes of applying for a fee waiver Separate Representatives are included.
Fee waiver doesn't apply
Legal Aid Queensland may fund transcripts when the fee waiver criteria cannot be met and the request for funding meets the merits test.
Listening to recordings and/or watching visual material forms part of the practitioners preparation component.
When requests for aid are received for transcripts, Legal Aid Queensland will consider:
- what needs to be transcribed,
- whether all of the recording needs to be transcribed,
- why the transcript is required and the benefit of the transcript for the proceedings,
- whether the practitioner can have the recording transcribed by their own administrative staff.
When transcripts are requested for part heard matters or previous proceedings, Legal Aid Queensland will consider the benefit that the transcripts will have on the current proceedings and the appropriateness of spending limited public funds on the transcript.
Legal Aid Queensland will not normally provide aid to transcribe a record of interview.
Grant(s) of aid
The grant of aid for a transcript is GOT.
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).