For legal aid to be granted to respond to an application by the Immigration Minister for 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 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 Immigration Minister's application and 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:
- A copy of the Immigration Minister's application and 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
Circumstances where an application for a Community Safety Order may be made are outlined in section 395.5(1) of the Criminal Code Act 1995.
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 respond to an application for a Community Safety Order by the Immigration Minister is SO1.
Extension(s) of aid
The initial grant includes two mentions. If there are more than two mentions, an extension of aid is available for two additional mentions. The grant of aid is SO1A.
If the matter proceeds to final hearing, an extension of aid is available for this hearing. The grant of aid is SO3.
If the hearing exceeds one day, an extension of aid is available for additional days. The grant of aid is SO3A.
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).