Is your client eligible for Legal Aid funding ?

1. Is your client eligible for Legal Aid funding ? Presented by Amber Buckland A/Assistant Director, Grants 23 March 2017

2. Can I get legal aid? • Your client can apply for a grant of legal aid if they want a lawyer to represent them in court • Legal information or legal advice can be provided by Legal Aid Queensland without needing to submit an application form How does Legal Aid Queensland decide who is granted aid? • Demand for our services is high, so we use strict criteria when granting aid for legal representation. This way we can make sure we are using our funding to help those who are least able to afford a lawyer.

3. The means test for financial eligibility for legal aid looks at: • income • assets • how many people they support (like a partner or children) It also takes into account: • the income and assets of anyone who helps them financially How does the means test work?

4. What income should be included in the application? Your client will need to tell us about any money they regularly receive including: • salary or wage (if applicable) • money received from investments, like shares dividends, rent from investment properties or payments from trusts • income received from an insurance policy claim Those who rely on Centrelink payments for income will usually be eligible for legal aid, as long as their assets are within the set limits. Family Tax Benefit (Part A & B) payments, along with child maintenance and child support payments, should be included as income

5. What assets are included in the means test limits? Assets taken into account include • real estate (houses, land) • cash • shares • debentures or other investments • and the assets of any person who helps you financially, unless you need legal aid because you are in dispute with that person There are some exclusions that are taken into consideration. See ‘Can I get legal aid’? factsheet at www.legalaid.qld.gov.au

6. Legal Aid Queensland Initial Contributions This table sets out how much gross weekly income your client can earn and still be eligible for aid

7. What if there special circumstances? How does the merit test work? We have developed guidelines to help identify applicants who would not usually meet our means test, but deserve special consideration Eg experiencing domestic violence, have a disability. Contact us for a copy of the guidelines We assess the merit of each person’s case by looking at: • the legal and factual merits of the case and if it more likely to succeed or fail if it goes to court • if a sensible person would risk their money to take the case to court • if the benefit the applicant will receive from having a lawyer justifies spending limited public funds on their particular case.

8. What are the guidelines? The guidelines tell us the types of cases we can fund, based on the priorities set for us by the state and federal governments. Some priorities are: Civil Law • Child protection proceedings • Domestic and family violence matters • Discrimination matters Criminal Law • District and Supreme Court criminal proceedings • Appeals to the Court of Appeals or High Court • Magistrates Court Committal hearings where the maximum penalty is more than 14 years in jail • Bail applications Family Matters • Urgent matter where a child’s safety or welfare is at risk or the applicant’s safety is at risk • Urgent matters where there is an immediate risk of a child being removed from Australia or to a remote location in Australia • Separate representation of children • Injunctions relation to family violence

9. What documents are needed? When completing an application please include: • a copy of health care card or pension card (if applicable) • copies of any pay slips for the past four weeks • copies of tax returns and assessments • copies of bank statements for all accounts for the past three months • copies of any court or legal documents about the problem For a more detailed list please see ‘Can I get legal aid factsheet?’ at www.legalaid.qld.gov.au

10. How to apply? • Advise your client to seek legal advice • Complete an application form, which are available from Legal Aid Queensland offices, from our website or a preferred supplier How long will it take? • We assess about 90 percent of applications within five days. If there has been no response 14 days after lodging the application, please contact us Don’t agree? • An appeal of a decision must by made in writing. An independent external review officer will consider all appeals

11. Grants of aid available to CLC’s • Applications for grants of legal assistance which are received from community legal centres are processed in the same way as all other applications. • If a grant of legal assistance is approved, the grant of legal assistance may be • referred back to the community legal centre provided there is at least a part-time solicitor employed at the centre who holds an unconditional practising certificate. The grant of legal assistance is on a disbursement-only basis. • Referred to a an in-house solicitor or preferred supplier on the legal aid panel.

12. LAQ’s family dispute resolution conferencing program – an exception • A grant of legal assistance for CLC’s to represent clients at legal aid family dispute resolution conferences provides access to the dispute resolution service. This is not a grant for which counsel is available or provided and no fees are payable. • CLC applications may be for • Applicants to initiate the conference process; or • Respondents where the other party already has a grant of aid for the conferencing process. • If the issues are not resolved at the conference and the CLC continues to act for the client any further grants are limited to stages where a grant of aid for counsel is available. • If the issues are not resolved at the conference and the CLC is no longer acting, the client may apply for a grant of aid and if approved be referred to an in-house solicitor or preferred supplier.

13. Court proceedings – CLC’s • Legal aid can only be granted to CLC's where aid is required for counsel and the briefing of counsel. • CLC's are not entitled to claim fees for professional work. • If counsel fees are approved, legal aid is also available for disbursements such as: • Travel expenses for: • Solicitor • Counsel • Report writers • Reports (i.e. medical reports, psychological reports and psychiatric reports) • Conduct money and nominal outlays such as the cost of phone calls, facsimiles and photocopying are not payable.

14. Applying for grants for conference, counsel and disbursements • Any further requests for disbursements should be requested through grants online as an extension request. • To apply for a grant of legal aid for a conference or counsel you need to lodge an application for aid via grants online.

15. Tips for completing an application for legal aid Ensure the application is completed in full and signed by the client. Review the what do we fund section of the Grants Handbook. Familiarise yourself with the guidelines, assessment criteria, documentary requirements and interpretation for the matter you are applying for aid for. Attach all documents listed in the documentary requirements section to the application for aid. Complete any checklists to support your clients eligibility for legal aid. If a checklist does not apply to your matter, provide additional information in the last page of the application form or extension request to enable the assessing officer to make a decision on your request for funding.

16. Organising an interpreter and TTY Legal Aid Queensland can organise an accredited interpreter to help To have information about our application process explained in your client’s language please call: TIS 13 14 50 to speak with an interpreter. Ask to be connected to Legal Aid Queensland If you have a hearing impairment please call TTY Service (07) 3238 3023. These are free services

17. For more information www.legalaid.qld.gov.au Legal information and referrals- 1300 65 11 88 (cost of a local call in Australia) Grants Inquiry Line - 07 3238 3900 (for questions about an application already submitted) For general inquiries - 07 3238 3500 OR local regional office Indigenous information line 1300 65 01 43 (cost of a local call in Australia)