New grants guidelines and funding structure for Commonwealth Community Safety Orders
New grants guidelines and funding structure for Commonwealth Community Safety Orders
In response to the High Court’s decision in NZYQ, on 8 December 2023 the Commonwealth Government introduced legislation to establish a new Community Safety Order (CSO) scheme under Division 395 of the Criminal Code Act 1995 (Cth).
This scheme allows for the Immigration Minister to apply to the Supreme Court for a Community Safety Order in relation to an adult non-citizen who has been convicted of a serious violent or sexual offence, who has no real prospect of removal from Australia, and poses an unacceptable risk of seriously harming the community by committing a serious violent or sexual offence.
Under Division 395 of the Criminal Code Act 1995 (Cth), there are two types of CSOs available:
- A Community Safety Detention Order (CSDO) – the effect of which is to detain the person in prison for the period the order is in force; or
- A Community Safety Supervision Order (CSSO) – the effect of which is to impose conditions on the person for the period the order is in force.
In response to these legislative amendments, Legal Aid Queensland’s Board has approved a new Commonwealth Civil Law guideline which supports the consideration of legal aid funding for these matters. For further information, please refer to the Grants Policy Manual.
A new funding structure has also been established to provide grants of legal assistance for these matters. The new fee structure provides aid for:
| Grant of aid |
Solicitor |
Counsel |
|
Responding to all applications (originating applications, variation applications, and periodic reviews)
|
$1,500.00
|
$1,926.00
|
|
Additional procedural hearings or mentions (2)
|
$300.00
|
$428.00
|
|
Application in a proceeding
|
$1,200.00
|
$1,304.00
|
|
Preparation and attendance at day one of final hearing
|
$1,200.00
|
$1,637.00
|
|
Additional days of preliminary or final hearing
|
$900.00
|
$1,304.00
|
|
Counsel to provide opinion on prospects of success for an appeal or variation
|
$600.00
|
$856.00
|
|
Preparation and attendance at day one of appeal
|
$1,650.00
|
$2,268.00
|
|
Additional days of appeal
|
$900.00
|
$1,304.00
|
|
Additional preparation (Extraordinary case)
|
$3,000.00
|
$3,424.00
|
|
Additional preparation (Expensive case)
|
Hourly rate
|
Hourly rate
|
For further information, please refer to the Grants Handbook or contact your Grants Team.