GUIDE TO CLAIMING PAYMENT - Legal Aid WA
GUIDE TO CLAIMING PAYMENTFor Legal Aid WA Panel and List members
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019Document DetailsDocument descriptionGUIDE TO CLAIMING PAYMENT - Legal Aid WADocument detailsVersion 1, 7 March 2019Publication dateThursday, 7 March 2019Document HistoryVersionDateAuthor17 March 2019LPD and CS DivisionsAmendmentsFirst publishedCopyright 2019 Legal Aid WA - all rights reservedThis document is the property of Legal Aid WA and may not be copied,transmitted or reproduced by any means without written permissionPage: 2 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019ContentsPART 1: PRELIMINARY . 71Interpretation. 72Purpose of this Guide . 93Private Practitioner Manual and Professional Services Agreement . 94Variation . 9PART 2: REQUIREMENTS FOR ALL CLAIMS . 105Comply with Private Practitioner Manual and this Guide . 106Payment from Legal Aid WA only . 107Claim within 6 months of finalisation . 107.1Reduction for late claims . 108Claim according to terms of grant of aid . 109Claim from aid effective date . 1010 Only claim for costs actually incurred . 1011 Information to support claim . 11PART 3: METHOD FOR CLAIMING . 1212 Generally claim through GOL using recipient created tax invoice . 1212.112.212.312.4GOL User Guide . 12Request ID into GOL to generate recipient created tax invoice . 12Item codes relevant to grant automatically populated . 12‘Blank tax invoice’ not ordinarily used . 1213 Submitting claim using recipient created tax invoice . 1313.113.213.313.413.513.613.713.813.9Entering claim amounts . 13Remaining commitment . 13GST automatically calculated . 13Must select option in recipient created tax invoice when prompted . 14Claim for part of grant of aid . 14‘Disbursement Work Type’ . 14Costs orders . 14Disbursements and solicitor fees in correct column . 14Incorrect claim amounts . 1414 GST issues when claiming fees and disbursements . 14Page: 3 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 201914.1Practitioner’s firm registered for GST. 1514.1.114.1.214.2Claim for fees by GST registered practitioner . 15Claim for disbursements by GST registered practitioner . 15Practitioner’s firm not registered for GST . 1614.2.114.2.2Claim for fees by non-GST registered practitioner . 16Claim for disbursements by non-GST registered practitioner . 1715 Cash contribution amount will be deducted . 1716 Costs orders and recovery of costs by Legal Aid WA . 1816.1Criminal costs orders . 1816.1.116.1.216.216.316.416.516.6State criminal costs orders . 18Commonwealth criminal costs orders . 19ICL costs orders. 21Restraining order matter costs orders . 21Suitor’s Fund payment orders . 21Civil costs orders . 21Default process for recovery of costs by Legal Aid WA . 21PART 4: WHAT MAY BE CLAIMED GENERALLY . 2317 Items in grant letter . 2318 Nominal disbursement amount . 2319 Exceeding the cost of the grant of aid. 2320 Hourly rates where no other fee applies . 2321 Preparation and court attendance allowances . 2422 Court waiting time . 2423 Travel time and mileage generally . 2424 Travel time for prison and hospital visits . 2525 Regional travel, accommodation and meals . 2626 Briefing agents . 2727 Briefing counsel or engaging instructing solicitor . 2727.127.2Criminal matters . 28Junior counsel . 2828 Paralegal time . 2829 Unable to contact client . 2830 Vouchers for legal advice. 2831 Legal research . 29Page: 4 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 201932 Photocopying costs . 2933 File Pro. 2934 Non-claimable items . 29PART 5: WHAT MAY BE CLAIMED IN SPECIFIC JURISDICTIONS. 3035 Criminal law claims . 3035.135.235.3Criminal law items in grant letter . 30General court attendance . 30Pleas of guilty and sentencing . 3135.3.135.3.235.3.335.4Trials . 35.835.935.1035.11Adjourned/separate sentencing appearance . 31Trial of the issues for sentencing. 32Plea in mitigation in jurisdiction below that reflected in grant . 32Pre-recording evidence and s 98 CPA appearances . 33Trial does not commence . 33Regional trial does not commence or is delayed . 33Trial commences . 34Jury waiting time. 35Refresher fees . 35DSO hearings and additional appeal days . 36Viewing electronic material . 36Additional preparation time and briefing counsel/engaging instructing solicitor . 36Multiple charge loadings and section 32 allowances . 37Representing multiple co-accused . 39START Court and Drug Court attendances . 39Criminal costs orders . 3936 Restraining Order claims . 3937 Care and protection and child representation claims . 4038 Family law and ICL claims . 4138.138.238.338.438.538.6Family law and ICL clauses . 41DR grants . 42Form 13 preparation . 42Subpoenas and inspecting documents . 42Process servers . 43Extensions which specify preparation and court time allowances . 4339 Civil law claims . 4339.139.2Disbursement only grants . 43Civil costs awards . 4340 Crime and Corruption Commission claims. 43PART 6: METHOD OF PAYMENT . 4541 Method of payment by Legal Aid WA . 45PART 7: HELP WITH CLAIM . 46Page: 5 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 201942 Contact assessor . 46Page: 6 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019PART 1: PRELIMINARY1InterpretationIn this Guide, unless the contrary intention appears:Act means the Legal Aid Commission Act 1976 (WA);assigned or assignment means the allocation of a grant of aid or a disbursementgrant to a practitioner to perform legal services;assigned matter means a case matter that is the subject of a grant of aid fromLegal Aid WA and which has been allocated to a practitioner for the provision oflegal services;assigned practitioner means a practitioner who has been allocated an assignedmatter;assisted person means a person who has applied for and is receiving the benefitof a grant of aid;audit means to collect, examine and evaluate information to determinecompliance with specified requirements, procedures and standards;blank tax invoice means a recipient created tax invoice that does not have fieldsautomatically populated by the GOL system, as referred to in 12.3 of this Guide;CDPP means the office of the Commonwealth Director of Public Prosecutions;contribution means the monetary amount required to be paid by an assistedperson to Legal Aid WA, which goes towards the funding of legal services for theassisted person;Costs Rules means the Legal Aid Commission (Costs) Rules 1990;Criminal Law Rates and Allowances means the Legal Aid WA publication listingthe rates and allowances applicable to items that may be included in a criminallaw grant of aid;disbursement grant means a grant of aid for disbursements only;DR means dispute resolution;DSO hearing means Dangerous Sex Offender hearing under the Dangerous SexOffenders Act 2006;Duty Lawyer Service means duty lawyer services provided by Legal Aid WA in anyjurisdiction;Family Law Rates and Allowances means the Legal Aid WA publication listing therates and allowances applicable to items that may be included in a family law grantof aid;firm generated tax invoice means a tax invoice generated by the Practitioner’sfirm;Page: 7 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019GOL means the Grants Online system operated by Legal Aid WA for the purposesof the electronic management of grants of aid;GOSAC means the Government Officers’ Salaries Allowances and ConditionsAward 1989 as listed on the Western Australian Industrial Relations Commissionwebsite;grant of aid means the funding of legal services by Legal Aid WA;grant letter means the written notification of the terms of the grant of aid;Guide means this Guide to Claiming Payment as amended from time to time andany schedules, annexures or attachments;ICL means Independent Children’s Lawyer;Legal Aid WA means the Legal Aid Commission of Western Australia, establishedunder the Act;legal services means services provided by a practitioner that are funded by LegalAid WA;list means a list of private practitioners set up by Legal Aid WA to provide certainlegal services and which is not governed by the requirements in s40 of the Act;non-panel practitioner means a practitioner or restricted practitioner who is nota member of the panel or list relevant to the assigned matter;panel means a panel of private legal practitioners set up by Legal Aid WA toprovide certain legal services to assisted persons in accordance with s40 of theAct;practitioner means an Australian legal practitioner within the meaning of s3 of theLegal Profession Act 2008 (WA), or a registered Family Dispute ResolutionPractitioner;private practitioner means a practitioner who provides legal services in a privatecapacity and who is not employed by a government agency, the Aboriginal LegalService or by Legal Aid WA;Professional Services Agreement means the agreement between the Practitionerand Legal Aid WA which makes provision for the terms upon which the Practitionerengages with Legal Aid WA and provides legal services as a member of a panel orlist;Private Practitioner Manual means the manual produced by Legal Aid WAdetailing how assigned practitioners are to provide legal services under grants ofaid and which is to be read together with the Professional Services Agreement;PPM means Private Practitioner ManualPractitioner means a private practitioner who is performing legal services inassigned matters under the terms of a Professional Services Agreement with LegalAid WA;recipient created tax invoice means a tax invoice generated by Legal Aid WAthrough the GOL system, as referred to at 12 of this Guide;Page: 8 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019section 32 Notice means a notice under s32 of the Sentencing Act 1995 (WA) forpending charges to be dealt with by a superior court.2Purpose of this GuideThis Guide is designed to assist the Practitioner with the process of claimingpayment from Legal Aid WA for services provided in an assigned matter.3Private Practitioner Manual and Professional ServicesAgreementThis Guide is to be read together with the Professional Services Agreement andthe Private Practitioner Manual.4VariationThe contents of this Guide may be varied by Legal Aid WA at any time. Legal AidWA will notify the Practitioner in a timely manner of any such variation.Page: 9 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019PART 2: REQUIREMENTS FOR ALL CLAIMS5Comply with Private Practitioner Manual and this GuideAll claims for payment from Legal Aid WA must comply with the requirements inthe Private Practitioner Manual (PPM), and the requirements in this Guide.6Payment from Legal Aid WA onlyThe Practitioner must comply with clause 25 PPM in relation to the acceptance ofpayment for legal services provided in an assigned matter. Generally, paymentmay only be accepted from Legal Aid WA.7Claim within 6 months of finalisationThe Practitioner must submit a claim for payment as soon as practicable andotherwise within 6 months from the completion of the assigned matter (rule 10(1)Legal Aid Commission Rules 1990 (WA)).7.1Reduction for late claimsIf a claim for payment is not provided within 6 months of completing the assignedmatter, Legal Aid WA may reduce the amount approved for payment by up to 30%of the payment limit for the assigned matter (rule 10(2) Legal Aid CommissionRules 1990 (WA)).8Claim according to terms of grant of aidClaims for payment must be in accordance with the maximum costs allowed underthe terms of the grant of aid, or any approved extension to the grant of aid.9Claim from aid effective dateThe Practitioner may only claim payment for legal services performed on or afterthe grant of aid or any approved extension is effective, which is the date noted inthe grant letter or notification of the approved extension, as relevant.10Only claim for costs actually incurredThe Practitioner is not entitled to automatically claim payment to the maximumamount allowed under the terms of the grant of aid for the provision of the legalservices. The Practitioner may only claim for legal services actually provided ordisbursements actually incurred, which may be pro-rata of the maximum amountallowed under the terms of the grant of aid.Legal Aid WA may seek independent verification of legal services claimed to havebeen provided, including services claimed to have been provided through thebriefing of an agent or another practitioner.Page: 10 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 201911Information to support claimThe Practitioner must record and retain information that supports any claim forpayment, and must provide information to Legal Aid WA to substantiate any claimfor payment, in accordance with Parts 5 and 6 PPM.Page: 11 of 46
GUIDE TO CLAIMING PAYMENT - Legal Aid WAVersion 1, 7 March 2019PART 3: METHOD FOR CLAIMING12Generally claim through GOL using recipient created taxinvoiceClaims must generally be submitted through the Grants Online (GOL) system, usinga recip
GUIDE TO CLAIMING PAYMENT - Legal Aid WA Version 1, 7 March 2019 Page: 8 of 46 GOL means the Grants Online system operated by Legal Aid WA for the purposes of the electronic management of grants of aid; GOSAC means the Government Officers’ Salaries Allowances and onditions Award 1989 as listed
4 payment options available to sars clients 5 4.1 payment option 1 - using efiling to make your payment 5 4.2 payment option 2 - payment at a sars branch 7 4.3 payment option 3 - using the internet to make electronic payment 9 4.4 payment option 4 - bank payments (at one of the relevant banking institutions) 10 4.5 foreign payments 11
6) payment instrument means any personalised device and/or a set of procedures agreed between the payment service user and the payment service provider and used by the payment service user in order to issue a payment order; 7) payment service user means a natural or legal person that uses or was using a payment service in the capacity of a payer
The main features in e-payment protocol are less charges of payment amount and high occurrence of transactions on the e-commerce system. 2.1Secure E-payment Protocol An e-payment process is a sequence of actions that involves a business task. There are mainly two kinds of payment transactions: i) Atomic payment transaction-single payment
The amount of refund or payments made on an original return does not match our records when amending your tax return . Claiming the wrong amount of withholding by incorrectly totaling or transferring the amounts from your W-2 . Claiming the wrong amount of real estate withholding . Claiming the wrong amount of SDI .
Claiming CME Credit To claim CME credit for your participation in the MDS 14th International Congress of Parkinson's Disease and Movement Disorders, International Congress participants must complete and submit an online CME Request Form. This form will be available beginning June 15. Instructions for claiming credit:
date will need be stated on the payment claim itself. A payer has two options when it receives a Payment Claim: (1) make payment in full by the due date; or (2) use a Payment Schedule to dispute the amount claimed and pay a lesser amount (possibly 0). The Payment Schedule must be served a
Any fines or penalties related to use of non-compliant payment applications. The payment brands may define compliance programs, mandates, dates, etc. using PA-DSS and the validated payment applications listed by PCI SSC. Through these compliance programs, the payment brands promote use of the listed validated payment applications.
The Curriculum and Instruction Department . Mukilteo School District . Independent Daily Reading Goal: To practice reading at your independent reading level. Directions: 1. Read a book at your independent reading level. 2. Have a family member ask you 2-3 questions and discuss the story with them. 2nd Grade Fiction Questions What did you picture as you read this story? What words or phrases .
