Criminal fee rates

The following hourly rates apply to legal aid services performed in criminal law proceedings effective from 1 July 2009 (GST exclusive).

 Level of experience
Minimum required Criminal Provider Approval Level (PAL)
(see below for explanation of categories)
Other
($/hr)
Level 1
($/hr)
Level 2
($/hr)
Level 3
($/hr)
PAL1   92 96 106
PAL2   96 120 124
PAL3   116 124 134
PAL4   130 144 159
Court of Appeal/Supreme Court   130 144 159
Travel time (pre-5 November 2012)   48 58 68
Travel time (post-5 November 2012 Disbursement Policy) 63      
Supervised Providers 92      
Qualified legal executives 82      
Non qualified legal executives / paralegals 72      
Law clerks 72      

Minimum required Criminal Provider Approval Level (PALs)

PAL 1

Means any proceeding

  • for which the procedure for trial is the Judge-alone trial procedure; and
  • that is not a Crown prosecution; and
  • any proceeding in a Youth Court

PAL 2

Means any proceeding

  • that is a Crown prosecution; and
  • where the person charged may be liable to a penalty of no more than 10 years’ imprisonment

PAL 3

Means any proceeding

  • that is a Crown prosecution; and
  • where the person charged may be liable to a penalty of more than 10 years’ imprisonment; and
  • that is not an approval level 4 criminal proceeding

PAL 4

Means any proceeding where the person charged with—

The rates apply to the PAL of the case, except that a provider cannot be paid at a higher rate than their own approval level. (For example, a PAL4 provider assigned a PAL1 case is paid at the PAL1 rate of the case, while a PAL1 provider delegated activities to perform on a PAL4 case is paid at their PAL1 rate)

Level of experience

Level 1 – An applicant must have at least 12 months of recent experience in criminal law practice; and have appeared as counsel with substantial and active involvement in at least 3 trials in criminal proceedings.

Level 2 – An applicant must have at least 24 months of recent experience working on approval level 1 criminal proceedings; and have appeared as counsel with substantial and active involvement in at least 3 trials in proceedings that are Crown prosecutions.

Level 3 – An applicant must have at least 36 months of recent experience working on approval level 2 criminal proceedings; and have appeared as counsel with substantial and active involvement in at least 4 approval level 3 or 4 criminal proceedings where

  • at least 1 charge carries a maximum penalty of 10 years’ imprisonment or more; or
  • the person charged is likely to face cumulative sentences of more than 10 years’ imprisonment.

Level 4 – An applicant must have at least 24 months of recent experience working on approval level 3 criminal proceedings; and have appeared as counsel with substantial and active involvement in at least 4 approval level 3 or 4 criminal proceedings where at least one of those proceedings is an approval level 4 criminal proceeding.

 

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