For legal aid to be granted to make an application or respond to an application by the Immigration Minister for a variation of the conditions of a Community Safety Supervision 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 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
Application for variation of Community Safety Supervision Order conditions
An application may be made by either party for variation of the conditions of a Community Safety Supervision Order. This includes an application by an offender for removal of a requirement that they comply with curfew or monitoring direction.
Where the applicant for legal aid is not the respondent to proceedings and has been deemed eligible under the guidelines and means test, Legal Aid Queensland will obtain an opinion from counsel to determine the merits of an application for variation by the offender prior to funding being issued for the application.
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 a merit opinion from Counsel to apply to vary the conditions of a Community Safety Supervision Order is SO4.
The grant of aid to initiate or respond to an application by the Immigration Minister to vary the conditions of a Community Safety Supervision 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).