Appeal a QCAT decision

For legal aid to be granted for party/non-party to appeal a decision made by QCAT the following tests must be satisfied:

Parties

• the applicant meets the means test, and
• the applicant must be named on the final order, and
• the applicant meets the merits test.

Direct representation (child)

• the applicant meets Guideline 1.5—child protection, and
• the applicant meets the merits test.

Requests for aid to appeal a decision made by QCAT for a child protection matter will be referred to a grants manager for consideration.

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.
• Proof of income and assets (refer to the means test).
• A copy of the reasons for judgment.
• Why you believe the decision made is wrong and what order you are seeking.

Application received from preferred supplier or in-house practitioners

Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with:

• Proof of income and assets (refer to the means test)
• A copy of the reasons for judgment
• Details as to why an appeal is sought and what order is the applicant seeking, and
• An opinion in relation to the applicant’s prospects of success.

The following documents are retained on file:

• A completed and signed Legal Aid Queensland application form.
• All documentation as outlined in part G of the case management standards - family law and case management standards - civil law.

Interpretation

Competent to provide instructions

In considering an application for legal assistance by a child the age of the child is not a determining factor as to whether the child is competent to provide instructions.

Legal Aid Queensland considers in line with the authority in Gillick that an applicant child is competent to provide instructions when:

• they have an understanding of the impact of any decisions they are making
• they are willing to give instructions to a lawyer
• the child has sufficient intellectual capacity and emotional maturity to understand the basis of their application.

In making a determination as to the competence of an applicant child to provide instructions to a lawyer, Legal Aid Queensland will take into consideration the opinion provided by the practitioner who provided the initial advice to the applicant child.

Grant(s) of aid

The grant of aid to appeal a decision of QCAT to the district court for a party is KC6.

The grant of aid for additional days of an appeal of a QCAT decision to the district court for a child is KC16.

Extension(s) of aid

The grant of aid for any additional days of an appeal of a QCAT decision to the district court is KC7.

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).