For legal aid to be granted for an application to alter the record of sex, the following tests must be satisfied:
- The applicant is a child between 12 and 15 years of age,
- Either:
- the applicant child is required to make an application to the Childrens Court because neither parent or person with parental responsibility consents to the alteration of the record of sex, including a change of name on the child's registration record (if applicable), or
- the application to the Childrens Court has been initiated by one parent on behalf of the child to alter the record of sex, including a change of name on the child's registration record (if applicable).
- There are state funds available to provide legal assistance to the child.
Legal aid funding is not available to:
- respondents to applications to alter a child's record of sex with the Registry of Births, Deaths and Marriages (RBDM), or
- children 16 years or over who are wanting to alter their record of sex.
Documentary requirements
Application received from client
Applicants seeking a grant of legal assistance should forward all of the following documents for assessment:
- A completed and signed Legal Aid Queensland application form, and
- Any other relevant document/s relating to the application.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically apply for aid via the Grants Online system.
Practitioners must also ensure that the following documents are retained on file:
- A completed and signed Legal Aid Queensland application form.
Interpretation
The applicant is a child
Legal Aid Queensland (LAQ) will only provide funding for legal representation to children ages 12 to 15 years who want to alter their record of sex, as these matters are heard before the Childrens Court to consider approval for the Registry of Births, Deaths and Marriages to alter the record of sex.
Legal aid funding is not available to children who are 16 years and over as they may apply directly to the Registry of Births, Deaths and Marriages to alter the record of their sex.
Application types
Child Initiated Childrens Court Applications - application for legal aid submitted by or on behalf of the child
- LAQ will provide funding for representation for children in child-initiated applications to the Childrens Court (sections 45 and 56 of the BDMR Act) because neither parent or person with parental responsibility consents to the alteration of sex and/or change of name on the child's registration record.
One Parent Initiated Childrens Court Application
- LAQ will provide funding for a child to be represented on an application to the Childrens Court initiated by one parent on behalf of the child (sections 44 and 55 of the BDMR Act).
LAQ will not fund:
- respondents to applications
- assessment by a developmentally informed practitioner to support the application process.
Allocation of a solicitor
Representation for application to alter the record of sex matters will be provided in an in-house basis unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to alter the record of sex in the Childrens Court is BDM1.
Extension(s) of aid
Funding for reports in these matters is not available.
Review of decisions
A decison to refuse legal aid for this type of matter may be appealed to the external review officer (refer to review of decisions).