For legal aid to be granted for a periodic review of a Community Safety Order the following tests must be satisfied:
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.
- Proof 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
Periodic review
If the Court makes a Community Safety Order, the Court must not make an order for a period of more than three years and must be reviewed by the Court before the end of the period and annually, or earlier upon application by the offender or the Immigration Minister. The Immigration Minister must make any necessary application to cause the reviews to be carried out.
The offender may apply to have the Community Safety order reviewed at ay time after the court makes its first review, if the Court gives leave to apply on the grounds that there are new facts or circumstances which would justify reviewing the order. Applications from offenders to have the Community Safety Order reviewed will be subject to the merits test.
The Court may appoint one or more relevant experts for the purposes of the review.
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 for representation on a periodic review of a Community Safety Order is SO1.
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).