Limited financial verification for low risk representation matters

We are implementing a new risk management framework in grants. Under this framework low risk matters will require less detailed verification for the purposes of determining financial eligibility of clients who are or were (prior to being remanded) in receipt of a full Centrelink benefit. Higher risk matters will continue to require additional supporting material for the purposes of verification of financial eligibility and for some matters additional material may be requested.

The purpose of this process is to expedite the application process for low risk matters, enabling practitioners to take and submit applications at the earliest opportunity.

Low risk matters are

• Summary criminal law grants
• Standard committal grants for in-custody applicants
• Initial family law applications for dispute resolution conferencing only
• Initial child protection applications (up to contested hearing)
• Initial domestic violence applications

If a low risk family or civil law matter generates a further request to proceed to a more expensive stage or a criminal law matter generates an expensive case request further financial eligibility testing will be undertaken.

Under this process for low risk matters, we require the following:

• The request for aid meets the applicable guidelines and merits tests applied to the particular category of application.
• All clients must fully complete all of the required financial eligibility details on the application form and sign the application form.
• Clients not in custody must provide evidence of their full Centrelink Benefit in the form of a current Centrelink Income statement for themselves and any financially associated person.
• In-custody applicants should indicate on the form if they were in receipt of a full Centrelink benefit prior to being remanded in custody. (For example “Previously received Newstart allowance”)

If the client discloses information on the form which raises questions regarding financial eligibility (for example significant assets) Grants will follow up and may request additional verification documentation from the client as necessary. In all other low risk instances, further verification material such as bank statements will not be required.

Low Risk Category Matters Matrix

Only applicable where the following criteria are met:

• The request for aid meets the applicable guidelines and merits tests
• All components of the financial eligibility section in the LAQ application form (including assets) are completed

^{*In-custody means:}

• ^{On remand (and immediately prior to remand was reliant on full Centrelink benefit);}
• ^{Sentenced (and immediately prior to sentence was reliant on full Centrelink benefit); or}
• ^{Recently released from Corrective Services custody with a pending Centrelink assessment (evidence from Centrelink).}

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^{** Remote means:}

• ^{Matters listed in very remote circuit courts where client's access to internet or Government services is restricted. These courts are largely serviced by in-house duty lawyers.}

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^{***Full verification (for applicant and financially associated person) means:}

• ^{Centrelink Income Statement (indicating part pension payments, rental assistance etc.)}
• ^{Payslips for the last four weeks}
• ^{Bank statements for all accounts for the last three months}
• ^{Any other relevant financial documentation (e.g. details of assets, small business / self-employed financial records) - see Grants Handbook Means Test section for full details.}

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