Child Protection matters

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    Assessment criteria

    For legal aid to be granted for counsel in interim or final child protection hearings, the following tests must be satisfied:

    • The applicant has been provided aid for the substantive matter; and
    • The request meets the merits test, and
    • One or more of the following special circumstances relate to the applicant or child;
      • aboriginal or Torres Strait Islander
      • Non-English speaking
      • Have a physical, intellectual or psychiatric disability or long-standing ill health which make it difficult for a solicitor to represent the applicant without counsel
      • The applicant parent was previously the subject of a child protection order when they were a child or young person, and
    •  There are special circumstances pertaining to the case e.g. complex area of law to be argued, multiple children involved with differing needs, a longstanding dispute, or
    • The applicant has been charged with or convicted of a criminal offence relating to the child/ren in this case, or
    • The cross-examination of a number of professional witnesses is required.

    Decision makers of a higher delegation

    Requests for counsel at interim or final hearing in a child protection matter will be referred to a senior grants officer for consideration.

    Documentary requirements

    Extension of aid requests received from preferred suppliers or in-house practitioners

    When applying for aid for counsel in child protection matters the practitioner must submit the appropriate checklist through Grants Online.

    Grant(s) of aid

    Parties, non-parties and children (direct representation)

    Interim hearing

    The grant of aid for counsel to prepare for and attend day one of an interim hearing is CP8.

    Final hearing

    The grant of aid for counsel to prepare for a final hearing is CP10.

    The grant of aid for counsel for a day/s of a final hearing is CP15.

    Appeal in the Children’s Court of Queensland

    The grant of aid for counsel to prepare for and attend day one of an appeal in the Children’s Court of Queensland is included with the solicitor grant of aid (CPA).

    The grant of aid for counsel for additional days for an appeal in the Children’s Court of Queensland is included with the solicitor grant of aid (CPA1).

    Separate Representation

    Interim hearing

    The grant of aid for counsel to prepare for and attend day one of an interim hearing is SR8.

    Final hearing

    The grant of aid for counsel to prepare for a final hearing is SR10.

    The grant of aid for counsel for additional days of a final hearing is SR15.

    Appeal in the Children’s Court of Queensland

    The grant of aid for counsel to prepare for and attend day one of an appeal in the Children’s Court of Queensland is included with the solicitor grant of aid (ASR).

    The grant of aid for counsel for additional days for an appeal in the Children’s Court of Queensland is included with the solicitor grant of aid (A1SR).

    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).

    Last updated 31 October 2018

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