There may be occasions where you are not able to obtain your client’s
signature on the declaration before submitting an emergency delegated functions application through CCMS.
If all the following conditions are met you may use a promissory declaration:
- You are granting an emergency certificate under delegated functions.
- The client is reasonably unable to attend the office to sign the emergency application declaration in person, for example, the client is imprisoned or hospitalised; or there is an LAA system outage formally communicated to you by the LAA which prevents the client from being able to sign the client declaration on the CCMS emergency application.
- You have seen adequate evidence to enable you to reasonably assess that your client is likely to be eligible for legal aid.
This does not replace the requirement for a client signature as part of your substantive application. The promissory declaration ensures that the client is aware of their obligation to provide you with the information to allow you to complete a substantive application and is aware of the consequences of not doing so.
At the end of the merits assessment you can indicate that you will be using the promissory declaration and give your reasons.
When you submit the application you will still need to tick the signed declarations/signatures agreement. Obtaining the promissory declaration satisfies the requirement.
Once signed and dated, the promissory declaration must be kept on file and may be requested as evidence to support your substantive application for funding on CCMS. Use of the promissory declaration will be monitored.
You should also print a copy of the CCMS declaration and retain on file as the LAA will expect a signature to be obtained from the client when they next attend your office.