For legal aid to be granted for representation at an external dispute resolution in a consumer protection matter the following tests must be satisfied:
Documentary requirements
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).
- Copies of any relevant documentation (loan documents, security/mortgage statements, default notice, court documents, contracts).
Application received from preferred supplier or in-house practitioner
Preferred suppliers should refer any applicants to the Legal Aid Queensland information and advice service.
In-house practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system and advise:
- Whether the applicant meets the merits test.
- Whether the applicant meets the applicable guidelines.
- Whether they have capacity to take the matter.
- 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.
Allocation of a solicitor
All consumer protection matters are allocated to the Consumer Protection Unit of Legal Aid Queensland. Consumer protection matters are not referred to preferred suppliers.
Grant(s) of aid
The grant of aid to assist an applicant in lodging and conducting a complaint in a consumer protection matter with an external dispute resolution scheme is D6.
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).