Services · Forensic & Court-Related Assessments
Forensic & Court-Related Psychological Assessments and Reports
Psychological assessments for legal and court-related matters are different from therapy or routine clinical assessments.
In these assessments, the psychologist has an independent role. Their task is to understand the questions they have been asked to address, review relevant information, complete an appropriate assessment or review and provide an impartial professional opinion.
The Psychology Hub provides a range of court-related and legal psychological assessments and reports. The exact assessment depends on the referral questions and the purpose of the report.
Depending on the referral questions and the information available, an assessment may involve direct assessment of the person, a review of documentation only, or a combination of both.
Most assessments that involve direct contact begin with a 90-minute initial appointment, which forms part of the assessment itself. Where a documentation-only review is appropriate, no appointment is required.
Once the psychologist has clarified the referral questions and what the assessment will involve, a tailored quote can be provided.
Who can refer?
Potential referrals may come from:
- solicitors
- barristers
- courts
- insurers
- government agencies
- other organisations
- individuals seeking an assessment for a legal or formal purpose, where appropriate
Where a professional or organisation is referring, we ask them to provide the referral questions and relevant documents as early as possible.
What can a court-related psychological assessment involve?
Depending on the referral, a court psychological assessment may include:
- detailed clinical interviews
- review of the referral questions
- review of court or solicitor documents
- review of previous psychological, psychiatric, medical or allied-health reports
- developmental, educational, occupational and psychosocial history
- collateral information where appropriate and authorised
- psychological or psychometric measures where relevant
- cognitive assessment
- assessment of neurodevelopmental conditions
- assessment of mental health
- assessment of everyday functioning
- formulation or differential diagnosis where relevant
- consideration of relevant risk or protective factors where this is within the referral scope
- a comprehensive written report addressing the referral questions
- court attendance or expert evidence where agreed
Not every assessment will involve every component. What is included depends on the referral questions and the purpose of the report. Some matters involve no direct assessment or testing at all — where that is the case, the report states the limitations of a review conducted on the available documents and qualifies its opinions accordingly.
Independent and impartial assessment
The psychologist’s role is not to advocate for either party.
Their responsibility is to provide an independent professional opinion based on the information available, the assessment findings and relevant professional standards.
This means the findings may not necessarily support the position of the person or organisation that requested or funded the assessment.
Court-related assessment is not therapy
A court-related psychological assessment is not a therapy service.
During therapy, the psychologist’s role is to support the person therapeutically. During a court-related assessment, the psychologist’s role is to gather and evaluate information for a particular legal or formal purpose.
Because of this:
- confidentiality works differently from therapy
- information relevant to the assessment may be included in the report
- information may be gathered from a number of sources where authorised
- the psychologist may need to comment on inconsistent or disputed information
- the report is written to address the referral questions
Court-related assessments are completed with the person’s informed consent. The report is provided to the person or organisation that requested it, who controls its further release. Where a review of documentation forms part of the assessment, the documents are supplied by the instructing party or obtained with the person’s written authorisation, or as otherwise authorised by the court or by law.
The psychologist will explain the purpose of the assessment, confidentiality and how information will be used before the assessment proceeds.
Types of court-related assessments
The assessments below are the legal and court-related psychological assessments we are most often asked about. Which one applies depends on the referral questions and the purpose of the report.
Parenting Capacity Assessments
Assessment of a parent or caregiver’s capacity to understand and respond to a child’s developmental, emotional, physical and safety needs.
A dedicated page for this assessment is in preparation.
Decision-Making Capacity Assessments
Assessment of a person’s capacity to make a particular decision, including QCAT-related matters where appropriate.
Pre-Sentence Psychological Assessment Reports
Psychological assessment and reporting where psychological information is relevant to sentencing and to the specific referral questions.
Section 14 Mental Health Assessment Reports
Assessment and reporting for NSW Local Court matters where the Section 14 pathway is being considered.
Pre-Sentence Psychological Assessment Reports
A pre-sentence psychological assessment may be requested where psychological information is relevant to sentencing.
The assessment is tailored to the referral questions. Depending on the matter, the psychologist may consider areas such as mental health, neurodevelopmental conditions, cognitive functioning, trauma history, psychosocial circumstances, substance-use history and other psychological factors relevant to the person’s presentation.
The assessment may include:
- detailed clinical interview
- review of solicitor or court material
- review of previous psychological, psychiatric or medical information
- psychometric assessment where clinically indicated
- cognitive or neurodevelopmental assessment where relevant
- a written report addressing the specific referral questions
Not every pre-sentence assessment will consider all of these areas. The scope depends on the referral and the questions the psychologist has been asked to address.
Section 14 Mental Health Assessment Reports
Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) allows a NSW Local Court to deal with a defendant who has a mental health impairment or a cognitive impairment differently from the ordinary criminal process. A psychological assessment and report may be requested to assist the court.
Our assessing psychologists are based in a number of states, and these assessments are conducted online, so which pathway applies depends on the court the matter is before rather than on where you are.
This is an assessment, not treatment. The psychologist prepares the assessment and report; any treatment or support that follows is arranged separately.
The purpose of the assessment and what the report addresses depend on the referral questions.
Potential components may include:
- detailed clinical interview
- review of relevant legal material
- review of previous mental health or medical records
- assessment of current and historical mental health
- psychometric assessment where relevant
- consideration of relevant psychosocial and developmental factors
- written report addressing the referral questions
What happens during the assessment?
90-minute initial appointment
Most assessments that involve direct contact begin with a 90-minute initial appointment. This appointment is part of the assessment itself.
During this appointment, the psychologist begins gathering relevant history, explores the referral questions and considers what further information or assessment may be required.
Documentation-only reviews
In some matters the psychologist does not meet or assess the person at all. Where there is sufficient documentation available, and depending on the circumstances and the referral questions, the work is a review of the available records only.
No initial appointment is required. The quote is based on the referral questions and the volume and complexity of the documents rather than on an appointment.
Review of documents
Relevant legal, clinical or other documents may be reviewed.
Further interviews or testing
Further interviews, collateral information or psychological testing may be required depending on the referral.
We do not use a fixed battery of tests. The assessment is tailored to the referral questions, and the psychologist may use interviews, documents, collateral information, observations or psychometric measures depending on what is actually required.
Report preparation
The psychologist prepares a report addressing the agreed referral questions.
In court-related matters a draft report is not provided for review. This differs from our other assessments, where a draft is issued so factual information can be checked. The psychologist will explain how the report will be finalised and released before the assessment proceeds.
Court attendance
Where required and agreed, the psychologist may attend court or provide expert evidence. This is quoted and charged separately.
Making a referral
To make a referral for a legal psychological assessment, please provide:
- referral questions
- relevant court orders
- solicitor or barrister instructions
- relevant legal documents
- previous reports
- important deadlines or hearing dates
- details of who is commissioning the assessment
- details of who will receive the report
- funding and payment arrangements
Providing the referral questions and documents as early as possible helps the psychologist determine whether the assessment falls within their scope and what the assessment will need to involve.
Fees
Court-related psychological assessments are individually scoped, because the amount of interviewing, document review, testing and report preparation can vary considerably.
Where the assessment involves direct contact, it begins with a 90-minute initial appointment and the quote follows that appointment. Where the work is a review of documentation only, the quote is based on the referral questions and the volume and complexity of the documents.
Either way, a quote or estimate for the remaining work is provided once the psychologist has clarified what the assessment requires.
Court attendance, preparation for court and expert evidence are quoted separately.
General information about our fees is available on our fees and rebates page.
Frequently asked questions
Are your clinicians forensic psychologists?
We describe the clinician completing the assessment as the psychologist, the assessing psychologist, or the psychologist conducting the assessment.
The title forensic psychologist is used only where an individual clinician holds that endorsement. The psychologist will confirm their qualifications and the scope of what they are able to assess before the assessment proceeds.
Who can request a court-related psychological assessment?
Referrals may come from solicitors, barristers, courts, insurers, government agencies and other organisations, and from individuals seeking an assessment for a legal or formal purpose, where appropriate.
Where a professional or organisation is referring, we ask for the referral questions and relevant documents as early as possible.
Is a court-related psychological assessment the same as therapy?
No. The two have different purposes, and that difference runs through everything that follows.
Therapy is provided to help the person. A court-related assessment is an evaluation carried out to answer particular legal questions, so the psychologist may need to draw on sources beyond the person themselves, and what is said may appear in a report that others read. The psychologist sets out how this will work before the assessment begins.
Will the report support the position of the person who requested it?
Not necessarily, and it should not be assumed.
The opinion is formed from the assessment findings, the information available and the relevant professional standards — not from the interests of whoever commissioned or funded the work. A report may well contain findings that are unhelpful to the party who requested it.
How much does a psychological court report cost?
There is no fixed price, because the amount of interviewing, document review, testing and report preparation varies widely from one matter to the next.
Each matter is therefore scoped and quoted individually, once the psychologist knows what the referral requires. Attending court, and preparing to, is quoted on top of the assessment and report.
Will the psychologist attend court?
Sometimes. It depends on the matter, and it is agreed in advance rather than assumed.
Attendance and the preparation it requires are charged on top of the assessment and report.
What information should be provided with a referral?
Please provide the referral questions, relevant court orders, solicitor or barrister instructions, relevant legal documents, previous reports, any important deadlines or hearing dates, details of who is commissioning the assessment, details of who will receive the report, and the funding or payment arrangements.
Related assessments and information
Where the referral questions call for it, a court-related assessment may draw on the same measures used in our other assessment services.
Discussing a court-related assessment
If you are a solicitor, barrister, insurer, agency or individual seeking a psychological assessment for a legal or formal purpose, the first step is to tell us what the report needs to address.
From there the psychologist will confirm what the assessment requires and provide a tailored quote before any work begins.
Assessments are available in person at our North Lakes clinic in North Brisbane, and online across Australia where appropriate to the referral.
You can call us on 1300 366 614, or email info@thepsychologyhub.com.au with your referral questions and documents.
