Administrative Appeals Tribunal (review of decisions made by SSAT)

For legal aid to be granted to be represented in the AAT to appeal a decision made by the SSAT, the following tests must be met:

• the means test
• guideline 5.3 Social Security Appeals Tribunal (SSAT) review of child maintenance and child support decisions
• the merits test
• the applicant is either:
  • within the 28 day appeal period (or 90 days if they live overseas), or
  • outside the 28 day appeal period and:
    • there is a reasonable explanation for delay in seeking a review, and
    • the applicant or child will suffer hardship if an appeal to the AAT is not allowed, and
    • the applicant has filed tax returns (if required by the ATO) for the relevant child support assessment periods.

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)
• a copy of the decision made by the CSA and SSAT and any other relevant documents.

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 attaching:

• proof of income and assets (refer to the means test)
• a copy of the decision made by CSA and SSAT and any other relevant documents.

The following documents are retained on file but may be requested by Legal Aid Queensland:

• a completed and signed Legal Aid Queensland application form.

Interpretation

The applicant cannot adequately represent themselves

Legal Aid Queensland will only consider that an applicant cannot adequately represent themselves if the applicant meets the commonwealth legal aid service priorities - special circumstances of the applicant priorities.

Allocation of a solicitor

Applications for review a decision made by SSAT will be referred to the in-house family law team unless there is a conflict of interest.

Grant(s) of aid

The grant of aid to read material is CS8.

Extension(s) of aid

The grant of aid to apply or respond to proceedings in the AAT is SS2.

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).