For legal aid to be granted for an annual review 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).
- Copies of any relevant court documentation.
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system with:
- Copies of any relevant court documentation, if available.
- 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
Annual reviews
If the court makes a continuing detention order, the court must review the order at the end of 2 years after the order first has effect and afterwards at intervals of not more than 1 year after the last review was made. The Attorney-General must make any necessary application to cause the reviews to be carried out.
The prisoner may apply to have the continuing detention order reviewed at any time after the court makes its first review, if the court gives leave to apply on the ground that there are exceptional circumstances that relate to the prisoner.
Unless otherwise ordered by the Court, for the purposes of a review, arrangements must be made for the prisoner to be examined by 2 psychiatrists.
As a result of an annual review, if the court affirms the decision that the prisoner is a serious danger to the community in the absence of a Division 3 order, the court may order that the prisoner continue to be subject to the continuing detention order; or be released from custody subject to a supervision order.
Allocation of a solicitor
Representation for dangerous prisoners 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 annual review pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is a DP1.
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).