For legal aid to be granted for an appeal the following tests must be satisfied:
All applications to appeal a preliminary hearing decision will be referred to the senior grants officer for determination.
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.
- 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
The Attorney-General or the prisoner may appeal against any decision under the Act. Such appeal must be made within 1 month after the decision is made. On application, the Court may extend the appeal period.
An appeal under this Act is by way of rehearing. The Court of Appeal has all the powers and duties of the court that made the original decision.
Appeals brought by the Attorney-General against a decision made under the Act are not subject to the merits test and therefore aid to obtain counsels opinion on prospects of success is not required.
Legal aid will only be granted in exceptional circumstances to appeal against a decision made at the preliminary hearing, as a final hearing is usually held within a reasonable period of time, Legal Aid Queensland will determine whether it is imperative that the decision made at the preliminary hearing be appealed prior to the final hearing.
If the respondent is unsuccessful at the final hearing, legal aid may be granted to enable investigations to be undertaken as to the prospects of success of an appeal subject to the means test and merits test.
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 to obtain counsel’s opinion as to the prospects of success in relation to an application to appeal pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is DP5.
The grant of aid for representation in the Court of Appeal pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is DP6.
Extension(s) of aid
If the hearing of the appeal exceeds one day, an extension of aid is available under the DP6A grant of aid.
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).