New grants guidelines and funding structure for Commonwealth Community Safety Orders
In response to the High Court’s decision in NZYQ, on 8 December 2023 the Commonwealth Government introduced legislation to establish a new Community Safety Order (CSO) scheme under Division 395 of the Criminal Code Act 1995 (Cth).
This scheme allows for the Immigration Minister to apply to the Supreme Court for a Community Safety Order in relation to an adult non-citizen who has been convicted of a serious violent or sexual offence, who has no real prospect of removal from Australia, and poses an unacceptable risk of seriously harming the community by committing a serious violent or sexual offence.
Under Division 395 of the Criminal Code Act 1995 (Cth), there are two types of CSOs available:
In response to these legislative amendments, Legal Aid Queensland’s Board has approved a new Commonwealth Civil Law guideline which supports the consideration of legal aid funding for these matters. For further information, please refer to the Grants Policy Manual.
A new funding structure has also been established to provide grants of legal assistance for these matters. The new fee structure provides aid for:
Responding to all applications (originating applications, variation applications, and periodic reviews)
$1,500.00
$1,926.00
Additional procedural hearings or mentions (2)
$300.00
$428.00
Application in a proceeding
$1,200.00
$1,304.00
Preparation and attendance at day one of final hearing
$1,637.00
Additional days of preliminary or final hearing
$900.00
Counsel to provide opinion on prospects of success for an appeal or variation
$600.00
$856.00
Preparation and attendance at day one of appeal
$1,650.00
$2,268.00
Additional days of appeal
Additional preparation (Extraordinary case)
$3,000.00
$3,424.00
Additional preparation (Expensive case)
Hourly rate
For further information, please refer to the Grants Handbook or contact your Grants Team.