For legal aid to be granted for a contravention 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).
- 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
Supervision order
A Supervision order is effective from the date of the order or on the prisoner’s release day, whichever is the later and for the period stated in the order.
A supervision order must contain requirements that the prisoner:
- report to a corrective services officer at the place, and within the time, stated in the order and advise the officer of the prisoner’s current name and address; and
- report to, and receive visits from, a corrective services officer as directed by the court or a relevant appeal court; and
- ·notify a corrective services officer of every change of the prisoner’s name, place of residence or employment at least 2 business days before the change happens; and
- be under the supervision of a corrective services officer; and
- comply with a curfew direction or monitoring direction; and
- comply with any reasonable direction given to the prisoner about their accommodation, rehabilitation or care or treatment; or drug or alcohol use.
- comply with every reasonable direction of a corrective services officer that is not directly inconsistent with a requirement of the order; and
- not leave or stay out of Queensland without the permission of a corrective services officer; and
- not commit an offence of a sexual nature during the period of the order.
The supervision order may also contain any other order the court thinks appropriate in order to ensure adequate protection of the community or for the prisoner’s rehabilitation or care or treatment.
Examples of other orders
- that the prisoner not knowingly reside with a convicted sex offender.
- That the prisoner must not, without reasonable excuse, be within 200 metres of a school.
Contravention of supervision order
If a police officer or corrective services officer reasonably suspects a released prisoner is likely to contravene, is contravening or has contravened, a condition of the supervision order, the officer may apply for a warrant for the arrest of the released prisoner to bring them before the Supreme Court.
If the court is satisfied, on the balance of probabilities, that the released prisoner is likely to contravene, is contravening, or has contravened, the supervision order, the court may make a continuing detention order, amend the conditions of the supervision order, or make any other order the court considers appropriate to achieve compliance with the supervision order or that is necessary to ensure adequate protection of the community. The onus is on the released prisoner to satisfy the court that the adequate protection of the community can be ensured despite the contravention / likely contravention.
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 prepare and appear on application for contravention of supervision order pursuant to the Dangerous Prisoners (Sexual Offenders) Act 2003 is a DP1.
Extension(s) of aid
If an exceptional circumstances application is made, an extension of aid is available for this application. The grant of aid is DP1C.
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).