Queensland Consolidated Regulations

RECORDING OF EVIDENCE REGULATION 2018 - REG 7

7 Parties to legal proceedings—financial hardship

(1) A person who is a party to a legal proceeding may apply to the chief executive, on the ground of financial hardship, for the waiver of all or part of an amount that would otherwise be payable for—

(a) a copy of a record under the Act of a legal proceeding; or

(b) a copy of a transcription of a record under the Act of a legal proceeding.

(2) The application must be accompanied by, or include—

(a) documents demonstrating the person’s financial hardship; or

Examples of documents that may demonstrate financial hardship—

bank statements, pay slips, Centrelink statements

(b) if a relevant legal service represents the person in the legal proceeding or is otherwise assisting the person with the proceeding, a written notice by the service stating that—

(i) the service represents the person in, or is assisting the person with, the proceeding; and

(ii) the person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.

(3) The chief executive may waive payment by the person of all or part of the amount if the chief executive reasonably believes there is a ground of financial hardship.

(4) For subsection (3) , a notice under subsection (2) (b) is evidence of the ground of financial hardship.

(5) The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .

(6) In this section—

"relevant legal service" means—

(a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or

(b) a community legal service within the meaning of the Legal Profession Act 2007 , schedule 2 .