For legal aid to be granted for an expert report from a occupational therapist the following tests must be satisfied:
- the applicant has been provided aid for the substantive matter, and
- the applicant is the independent children’s lawyer, or
- the applicant for aid is currently receiving treatment from an occupational therapist and a report is required to support their case.
- the request meets the merits test.
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.
Requests for an interstate report writer are determined by the Assistant Director Grants.
Extension of aid requests received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an extension of aid request via the Grants Online system with details as to why the report is required and the number of hours sought to prepare the report.
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).