For legal aid to be granted for an appeal of a Community Safety Order the following tests must be satisfied:
All applications to appeal a preliminary hearing decision will be referred to a Senior Grants Officer for determination.
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 any relevant court documentation.
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 with:
- Copies of any relevant court documentation.
- Poof of income and assets (refer to the means test).
Practitioners must also ensure that the following documents are retained on file:
- A completed and signed Legal Aid Queensland application form.
Interpretation
The Immigration Minister or the offender may appeal against a Community Safety Order decision. Such appeal must be made within 28 days after the decision is made. On application, the Court may extend the appeal period.
An appeal is by way of rehearing. The Court of Appeal has all the powers, functions, and duties that the Supreme Court has in relation to Community Safety Order proceedings.
Appeals brought by the Immigration Minister against a Community Safety Order decision are not subject to the merits test and therefore aid to obtain counsel's opinion on prospects of success is not required.
Applications from offenders to appeal a Community Safety Order where they are not the respondent to the appeal, will be subject to the merits test. Where the applicant is deemed eligible under the guideline and means test, a grant of aid will be provided to Counsel to provide their opinion as to the prospect of success in relation to an appeal for these matters.
Legal aid will only be granted in exceptional circumstances to appeal against a decision made at the preliminary hearing. Legal Aid Queensland will determine whether it is imperative that the decision made at the preliminary hearing be appealed prior to the final hearing.
Allocation of a solicitor
Representation for Community Safety Order matters will be provided on an in-house basis unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to obtain Counsel's opinion as to the prospects of success in relation to an application to appeal a Community Safety Order is SO4.
The grant of aid for representation in the Court of Appeal for an appeal of a Community Safety Order is SO5.
Extension(s) of aid
If the hearing of the appeal exceeds one day, an extension of aid is available under SO5A.
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).