Section 32 Assessments & Reports
Our experienced Psychologists can act as objective expert witnesses in order to conduct Section 32 assessments for individuals requiring an evaluation for this purpose in legal proceedings. We offer these assessments for all ages and are experienced working with children, adolescents and adults. Section 32 refers to the Mental Health (Forensic Provisions) Act 1990 (NSW) and relates to the identification of individuals who may have been 'developmentally disabled' or 'suffering from mental illness' during the time of the alleged commission of an offence. These assessment and reports are usually requested by an individual's solicitor to assist in an ongoing court case.
The Section 32 evaluations involve a comprehensive clinical assessment and follow-up report in the context of the alleged offence, by our experienced and qualified Psychologists. These evaluations are usually accompanied by a letter from the individual's legal representative requesting answers to specific questions. These can include the exploration of factors related to the allegations such as:
The term 'developmental disabled' is not defined in Section 32 however may be broadly applied to individuals with:
The term 'suffering from mental illness' is defined in the Act as "a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more of the following symptoms:
Our Psychologists act as objective expert witnesses by conducting these assessments and are bound by the Expert Witness Code of Conduct. Even if an opinion is formed by the assessing Psychologist that the terms 'developmentally disabled' or 'suffering from mental illness' may apply, the ultimate determination is at the discretion of the Court. That is, while the magistrate may consider expert opinion and reports they will make the final decision regarding any legal outcomes related to the offences.
The total fee for a Section 32 assessment and report varies depending on the amount of time required for the clinician to efficiently and effectively complete a comprehensive evaluation. This will differ based on the complexity of the case, history and domains requiring assessment. Your legal representative should directly contact our Principal Psychologist, Mr Daniel Wendt, via email for a more specific quote however most assessments require 8-10 billable hours (including report writing time). More complex cases may necessitate additional billable hours.
We base our Section 32 assessment and report fees on the APS National Schedule of Recommended Fees. This is calculated at a rate of $251.00 (not including GST) per hour of case work including face to face contact, phone calls, examination of documentation, observations, individual assessment and report writing time. Any travel time, attendance at court or other legally required activity will also be billed in accordance with the corresponding APS National Schedule of Recommended Fees. In some instances we require external case management through Unisearch for our Expert Witness work, which in turn will attract a different fee rate as negotiated from the onset.
Our offices are conveniently located in the Newcastle CBD and we regularly assist individuals from the Hunter, Lake Macquarie and Central Coast regions. We are only a few minutes from the Newcastle Local Court and within walking distance of the Family Court in Bolton Street. Several legal firms are in close proximity to our practice and are familiar with our services.
The Section 32 evaluations involve a comprehensive clinical assessment and follow-up report in the context of the alleged offence, by our experienced and qualified Psychologists. These evaluations are usually accompanied by a letter from the individual's legal representative requesting answers to specific questions. These can include the exploration of factors related to the allegations such as:
- Relevant personal, developmental and mental health history
- Identification and/or clarification of any diagnoses
- An opinion as to whether 'developmentally disabled' or 'suffering from mental illness' applies to the case
- The extent of any effects of the conditions identified
- Any links between the diagnoses and the offending behaviours or circumstances of the incident
- Supports or treatments which may reduce future risk of offending
The term 'developmental disabled' is not defined in Section 32 however may be broadly applied to individuals with:
- Autism Spectrum Disorders (ASD)
- Intellectual Disabilities
- Attention Deficit Hyperactivity Disorder (ADHD)
The term 'suffering from mental illness' is defined in the Act as "a condition that seriously impairs, either temporarily or permanently, the mental functioning of a person and is characterised by the presence in the person of any one or more of the following symptoms:
- (a) delusions
- (b) hallucinations,
- (c) serious disorder of thought form,
- (d) a severe disturbance of mood,
- (e) sustained or repeated irrational behaviour indicating the presence of any one or more of the symptoms referred to in paragraphs (a)–(d).
Our Psychologists act as objective expert witnesses by conducting these assessments and are bound by the Expert Witness Code of Conduct. Even if an opinion is formed by the assessing Psychologist that the terms 'developmentally disabled' or 'suffering from mental illness' may apply, the ultimate determination is at the discretion of the Court. That is, while the magistrate may consider expert opinion and reports they will make the final decision regarding any legal outcomes related to the offences.
The total fee for a Section 32 assessment and report varies depending on the amount of time required for the clinician to efficiently and effectively complete a comprehensive evaluation. This will differ based on the complexity of the case, history and domains requiring assessment. Your legal representative should directly contact our Principal Psychologist, Mr Daniel Wendt, via email for a more specific quote however most assessments require 8-10 billable hours (including report writing time). More complex cases may necessitate additional billable hours.
We base our Section 32 assessment and report fees on the APS National Schedule of Recommended Fees. This is calculated at a rate of $251.00 (not including GST) per hour of case work including face to face contact, phone calls, examination of documentation, observations, individual assessment and report writing time. Any travel time, attendance at court or other legally required activity will also be billed in accordance with the corresponding APS National Schedule of Recommended Fees. In some instances we require external case management through Unisearch for our Expert Witness work, which in turn will attract a different fee rate as negotiated from the onset.
Our offices are conveniently located in the Newcastle CBD and we regularly assist individuals from the Hunter, Lake Macquarie and Central Coast regions. We are only a few minutes from the Newcastle Local Court and within walking distance of the Family Court in Bolton Street. Several legal firms are in close proximity to our practice and are familiar with our services.
