For legal aid to be granted to appeal a decision of the Mental Health Review Tribunal to the Mental Health Court, 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 practitioners
Practitioners seeking a grant of legal assistance should electronically submit an application for aid via the Grants Online system along with:
- Copies of any relevant court documentation, and
- 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
When an application is received to appeal a decision of the Mental Health Review Tribunal, the application will be referred to an in-house lawyer of Legal Aid Queensland to investigate the client's prospects of success.
When the in-house lawyer has completed investigations, the in-house lawyer is required to provide advice to the assessing officer in relation to the client's prospects of success.
Allocation of a solicitor
Representation in the Mental Health Court will be provided on an in-house basis by the Mental Health Section of Legal Aid Queensland unless there is a conflict of interest.
Grant(s) of aid
The grant of aid to investigate a client's prospects of appeal against a decision of the MHRT is MHC2.
Extension(s) of aid
If it has been determined the client has prospects of success, the grant of aid to appear and represent the client on an appeal before the Mental Health Court is MHCA.
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).