Preferred supplier newsletter — January 2024
This month:
Youth Justice Act 1992 — new grants of aid
Recent amendments to the Youth Justice Act 1992 established a framework to transfer detainees (on remand or sentenced) who have reached 18 years of age from youth detention to an adult correctional centre. The framework provides for detainees to apply for a delay of their transfer to adult custody and applies to detainees who have been sentenced and detainees on remand. The framework requires:
- initial advice
- a written submission to Youth Justice
- further legal advice
- a review of the decision of the Chief Executive (YJ) to the Childrens Court of Queensland if applicable.
The Department of Youth Justice, Employment, Small Business and Training (DYJESBT) has provided Legal Aid Queensland (LAQ) with additional funding, to 31 October 2024, for LAQ to provide legal assistance to those in detention centres who will fall under the new transfer to corrective services framework included in ss276A – 276K of the Youth Justice Act 1992.
This funding from DYJESBT will be used to establish grants of legal assistance to ensure that 18-year-olds receive access to legal advice and representation to meet the requirements under the new transfer framework, initiated by either the service of a Prison Transfer Notice (for those on remand) or Prison Transfer Direction (for those serving a sentence of detention).
Where a detainee who is on remand in a youth detention centre (and in receipt of a current grant of legal assistance from LAQ) receives a Prison Transfer Notice, a solicitor only grant of legal assistance will be available for:
- the detainee to seek initial advice to talk to their current lawyer about the transfer
- for the lawyer to make submissions for a temporary delay of transfer to adult custody if instructed to do so.
Once a decision has been made by the Chief Executive (YJ), the grant of aid also provides for the lawyer to provide additional advice following the decision. A further extension of aid is also available where a detainee instructs to make an application to the Childrens Court of Queensland for a review the decision of the Chief Executive (YJ).
Where a detainee has been sentenced and receives a Prison Transfer Direction, the detainee may be supported through the initial stages of the process by the Prisoners’ Legal Service, a community legal centre or the Aboriginal and Torres Strait Islander Legal Service. If required, a new application can be submitted to LAQ for funding through these services to instruct counsel to represent a detainee in the Childrens Court of Queensland for a review of the decision of the Chief Executive (YJ).
For further information about the process and available grants and requirements, please refer to the Grants Handbook or contact your Grants Team.
Report recommends legal aid fee increase
A new report into Australia’s legal assistance sector has recommended an increase to private practitioner fees for legal aid work, as part of changes to help the sector meet high and rising demand for its services.
The Justice on the Brink report, commissioned by National Legal Aid, found $484 million in funding is needed to meet unmet demand for legal aid by raising private practitioner fees, expanding the availability of family and civil law services, and providing greater access under the means test.
Demand for legal aid – driven by population growth and increasing legal need – has increased vastly recently. New data shows the number of people accessing Legal Aid commission websites and hotlines across Australia has doubled and tripled in recent years.
Despite this growing demand, only 8% of households across Australia meet the strict income and assets tests for accessing legal aid.
The number of preferred suppliers is also decreasing. Funding constraints mean that pay for private practitioners, who deliver 72% of all legal aid grants, is not keeping up with comparable wages over time and this is leading many to withdraw their services for Legal Aid.
The report recommends increasing Legal Aid fees by 18%, to bring payments in line with national wage growth since 2013.
The Justice on the Brink report comes as the Commonwealth Government reviews the National Legal Assistance Partnership – the agreement which funds the legal assistance sector.
The Justice on the Brink report is available at the National Legal Aid website.
Preferred supplier agreement expiring — feedback required
The current preferred supplier agreement will expire on 31 July 2024. It is expected the new agreement and application package will be available in May/June 2024. All current preferred suppliers who are wanting to undertake new legal aid work after 31 July 2024 will be required to complete an application and enter into a new agreement.
LAQ will be reviewing the selection criteria and the preferred supplier agreement as well as previous feedback received, to determine the changes to be made to these documents for the new agreement period. If you have any comments about the current selection criteria or agreement terms, please send these to psupp.coordinator@legalaid.qld.gov.au by Friday 16 February 2024 for consideration.
This renewal process only relates to the substantive preferred supplier agreement and does not include any other agreements entered into with LAQ.
Upcoming Expression of Interest (EOI) process – Domestic and Family Violence Duty Lawyer (DFVDL) Service Agreement 2024–27
The current DFVDL service agreement is expiring on 30 June 2024. The next agreement period is for 1 July 2024 – 30 June 2027. LAQ invites preferred suppliers on the Family and/or Domestic Violence panels to apply. All current service providers will be required to re-apply to continue providing services.
Applications will open on 19 February 2024 and an email will be sent with the EOI and application details. Applications are to be submitted by 5 p.m. on 15 March 2024.
Please note that as a requirement to join this service, your office must have at least one DFV accredited duty lawyer. Please contact dv.dutylawyer@legalaid.qld.gov.au for accreditation requirements.
If you have any questions about the DFVDL service agreement or accreditation, please contact Sarina at dv.dutylawyer@legalaid.qld.gov.au
Publication and resources
LAQ produces more than 100 publications and resources from factsheets to posters, brochures, wallet cards and comprehensive legal information guides on a range of topics. You can check out the publications on the LAQ website and they can be ordered online at no cost.
For more information about our publications or to order copies of the duty lawyer session report form, email publications@legalaid.qld.gov.au.
Continuing professional development (CPD)
Looking for professional development opportunities to boost your CPD points? Many of our CPD seminars are recorded and available on Grants Online under the Information Resources tab.
Feedback
We welcome feedback and comments from clients, the community, and our suppliers. As preferred suppliers you play an important role in helping us to provide quality legal services to disadvantaged Queenslanders. If you would like to provide comments or suggestions about our services, policies, processes or staff members, you can complete a contact form or email us at complaints@legalaid.qld.gov.au at any time. We ensure a senior staff member investigates all issues thoroughly and we also analyse all feedback regularly to improve our policies, processes, and services. View our Feedback and Complaints Policy.