For legal aid to be granted to make an application for an amendment of the conditions of a supervision order 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).
- For respondents, 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 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 ensure that the following documents are retained on file:
- A completed and signed Legal Aid Queensland application form.
Interpretation
Application for amendment of supervision or interim supervision orders
An application may be made by either party for amendment of the conditions of a supervision order. This includes an application by a released prisoner for removal of a requirement that they comply with a curfew or monitoring direction.
Applications made by a released prisoner are subject to merits testing.
If counsel’s opinion is required to determine the merits of an application for amendment by the released prisoner this can be requested prior to determination of the request for funding for the amendment application.
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 a merit opinion from counsel to amend an existing order where the application is made by a released prisoner pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is DP5.
The grant of aid to prepare and appear on application for amendment of the conditions of a supervision order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is DP2.
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).