In this section
START OF Policies and procedures
START OF Grants Handbook
START OF What do we fund?
START OF Nature and extent of funding
END OF Nature and extent of funding
END OF What do we fund?
END OF Grants Handbook
END OF Policies and procedures
For legal aid to be granted for an expert witness to appear in court, the following tests must be satisfied:
Requests for aid for an interstate expert witness will be referred to the Grants director for consideration.
Practitioners seeking an extension of aid for an expert witness to appear in court, should electronically submit an extension for aid request via the Grants Online system, advise how the matter meets the merits test, certify that the expert witness is required and the expert witness will benefit the applicants case.
There is no requirement to further merit test a request for aid for a report writer to appear as a witness if they have previously been funded by legal aid to prepare a report and must appear as an expert witness in relation to that report.
When an expert witness has been engaged from an area other than the court location, the practitioner is required to investigate whether the expert witness is able to provide evidence to the court via telephone/video link-up.
If the expert witness is unable to provide evidence via telephone/video link up Legal Aid Queensland will pay reasonable travel expenses. Refer to extent of funding guidelines for travel.
The grant of aid for a psychologist to appear at court to give evidence is PY9.
The grant of aid for a social worker to attend at court to give evidence is SW4.
The grant of aid for a medical practitioner to attend court to give evidence for the first hour is MD1.
The grant of aid for subsequent hours is MD1A. However these grants of aid are limited to:
The grant of aid for a medical practitioner to qualify evidence, prepare for hearing or conference with counsel is MD3.
The grant of aid for a medical specialist (including psychiatrist) to attend at court (including giving evidence, qualifying evidence, preparing for hearing and conference with counsel) is MS1.
A decision to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).
Last updated 17 March 2016