Legal aid is only provided for representation in QCAT under limited circumstances. All parties in a matter before QCAT must represent themselves, unless QCAT has agreed to the party being legally represented, or the party is not required to seek leave to be represented in accordance with s.43 Queensland Civil and Administrative Tribunal Act 2009.
Legal aid may provide assistance to parties applying to QCAT to review of a decision made by the Department of Communities, Child Safety and Disability Services, or responding to an application before QCAT if the following tests are satisfied:
Parties
- the applicant meets the means test, and
- the applicant meets Guideline 1.10 - Child protection, and
- the applicant meets the merits test, and
- QCAT has agreed to the party/non-party being legally represented, or
- there is no requirement for the applicant to seek leave because they are a child or a person with impaired capacity, and
- the decision being reviewed relates to contact with a child or the placement of a child, and
- the applicant is a child, or a family member or kinship carer, or a child who is subject to a child protection order.
Direct representation (child)
Requests for aid be represented at QCAT for child protection matters will be referred to a grants manager for consideration. Extensions of aid can be determined by a grants officer.
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).
- Details of the decision/s made by the Department of Communities, Child Safety and Disability Services which you wish to have reviewed.
- Copies of any relevant documentation.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system attaching:
- Proof of income and assets (refer to the means test).
- Details of the decision(s) made by the Department of Communities, Child Safety and Disability Services which the applicant wishes to have reviewed.
- Copies of any relevant documentation.
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
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 following grants of aid may be available:
Parties
- KC1 - negotiation/case planning
- KC3 - preliminary conference
- KC4 - prepare and represent client at review hearing
Direct representation (child)
- KC9 - negotiation/case planning
- KC11 - preliminary conference
- KC12 - prepare and attend review hearing
Extension(s) of aid
An extension of aid for additional days of a review hearing for a party is KC5.
An extension of aid for additional days of a review hearing for a child is KC13.
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).