For legal aid to be granted for an application in a proceeding in Community Safety Order matters the following tests must be satisfied:
- the applicant has substantive funding, and
- with exception of respondents to an application by the Immigration Minister, the applicant meets the merits test.
Documentary requirements
Extension of aid requests received from preferred supplier or in-house practitioner
Practitioners seeking a grant of legal assistance should electronically submit an extension of aid via the Grants Online system along with the relevant information request.
The following documents are to be retained on file but may be requested by Legal Aid Queensland:
- A completed and signed Legal Aid Queensland application form.
Interpretation
The merits test does not apply where the offender is responding to an application in a proceeding initiated by the Immigration Minister.
Where the application in a proceeding is initiated by the offender, the merits test does apply.
Grant(s) of aid
The grant of aid to initiate or respond to an application in a proceeding for a Community Safety Order is SO2.
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).