For legal aid to be granted in accordance with guideline 13.1(f) to undertake work associated with or necessary for the implementation of final orders, the following tests must be satisfied:
- The applicant is an Independent Children’s Lawyer, and
- The applicant meets the merits test.
If the number of hours sought be the ICL exceeds 12 hours or the ICL has been involved for more than 12 months after the date of the final order the application will be referred to a senior grants officer for consideration.
Documentary requirements
Application received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance must electronically submit an application for aid via the Grants Online system and attach:
- A copy of the final orders
- Reasons for judgement
- Details of the work that is to be undertaken
- An estimate of the amount of time required to complete this work.
Interpretation
Merits test
For the purpose of these applications when applying the merits test consideration will be given to whether the circumstances of the matter are unusual, uncommon or exceptional that warrant the expenditure of limited public funds. When assessing these applications LAQ will consider:
- the terms of the final order
- the reasons for judgement
- the age of the child/ren
- the nature and extent of the work that the ICL is required to perform
For the purposes of this guideline Legal Aid Queensland may consider the merits test to be met when the terms of the order direct the ICL to perform ongoing tasks that involves their intervention.
If aid is approved Legal Aid Queensland will determine the extent of funding based upon an assessment of the amount of time required.
For the purposes of this guideline Legal Aid Queensland does not consider the merits test to be met when the final order does not direct the ICL to undertake work that requires specific intervention.
- The fact that the ICL is not discharged within the terms of the final order does not of itself warrant funding.
- The fact that the final order directs the ICL to explain the order to the child does not of itself warrant funding (this work is covered within the substantive grant of aid).
If prior to the ICL being discharged either party initiates proceedings that require the ICL to again become involved in a matter a further request for aid should be made.
Grant(s) of aid
The grant of aid for representation to implement final orders (ICL only) is ICF.
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).
Requests for a review in relation to the extent of the funding provided will be referred to an officer with the next level of delegation.