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Additional preparation - other

Assessment criteria

For legal aid to be granted for additional preparation the following tests must be satisfied:

  • the applicant has been provided aid for the substantive matter, and
  • there are 20 or more charges/counts involved, or
  • there are 100 or more charges/counts involved, or
  • an accredited interpreter has been engaged, or
  • circumstances exist that will  impact on the conduct of the case by significantly lengthening the preparation time required.

Decision makers of a higher delegation

Requests for additional preparation where there are more than 20 charges, more than 100 charges, or an interpreter is required will be assessed by a grants officer.

All other additional preparation requests will be considered by a senior grants officer.

Requirements

Extension of aid requests received from preferred suppliers or in-house practitioners

Practitioners seeking additional preparation in a criminal law matter must lodge an extension of aid request through the Grants Online system using the appropriate information request.

There are specific information requests for use when there are more than 20 charges or an interpreter has been engaged, for all other additional preparation requests practitioner should select "other professional fees" and provide detailed information as to the circumstances that exist that will impact on the preparation time required for the matter. 

Requests must be made within sufficient time to be considered by Legal Aid Queensland. Retrospective requests will be considered in accordance with Legal Aid Queensland’s policy in relation to retrospective grants of legal assistance.

Interpretation

Multiple charges/counts (20 or more)

Under this policy Legal Aid Queensland will provide an additional preparation grant of aid when at least half of the charges are charges that are fundable (i.e. Legal Aid Queensland does not fund minor traffic offences or regulatory offences).

This additional preparation grant applies only once per stage of matter.

Multiple charges/counts (100 or more)

Under this policy Legal Aid Queensland will provide an additional preparation grant of aid when at least half of the charges are charges that are fundable (i.e. Legal Aid Queensland does not fund minor traffic offences or regulatory offences).

This additional preparation grant applies only once per stage of matter. Where there are 100 or more charges the CPMC grant of aid cannot be issued in conjunction with the CPHC grant of aid.

Interpreter

Where an accredited interpreter is instructed and assists the solicitor with the client interviews, a specific grant of aid is available to compensate for the additional time spent.

This additional preparation grant applies only once per stage of matter.

Automatic grants of aid

Under normal circumstances, the fixed fee grants of aid that issue when there are multiple charges or an interpreter is required are automatically issued by assessing officers where it is identified that the above criteria is met. However, there may be situations where this information is not known to the assessing officer and therefore the practitioner will need to request an extension of aid.

Grant(s) of aid

The grant of aid for additional preparation where an accredited interpreter has been engaged is CINT.

The grant of aid for additional preparation where there are 20 or more charges/counts involved is CPMC.

The grant of aid for additional preparation where there are 100 or more charges/counts involved is CPHC.

The grant of aid for additional preparation for solicitor is SRE

The grant of aid for additional preparation for counsel is BRE

Review of decisions

Decisions not to approve additional preparation in criminal law matters are not appealable to the external review officer (see review of decisions).

A decision to refuse to provide additional preparation time in a criminal law matter maybe appealed to a senior officer.

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