Authorised Clinicians’
Handbook
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Version 2.4: Revised September 2011
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Contents
1
THE CHILDREN’S COURT CLINIC........................
1
CLINIC
1.1
Introduction ........................................................................ 1
1.2
Staff and Location .............................................................. 1
1.3
Assessments for the Children’s Court................................. 2
1.4
Authorised Clinicians.......................................................... 2
1.5
The Role of the Authorised Clinician................................... 2
2
AUTHORISATION ...................................................... 3
2.1
Authorisation ...................................................................... 3
2.2
Professional Development ................................................. 3
2.3
Ongoing Authorisation........................................................ 3
2.4
Agreement to Provide Services .......................................... 3
2.5
Indemnity and Compensation............................................. 3
3
REPORT PROCESS...................................................
4
ROCESS
3.1
Receipt of Assessment Order............................................. 4
3.2
Documents sent to Authorised Clinicians ........................... 4
3.3
Organisation of Appointments ............................................ 5
3.4
Providing an Appointment .................................................. 5
3.5
Contact with Caseworker ................................................... 5
3.6
Travel Assistance for Clients .............................................. 5
3.7
Location of Assessment ..................................................... 6
3.8
Safety and Security ............................................................ 6
3.9
Non Attendance of Appointments ....................................... 6
3.10
Payment for Non Attendance of Appointment ..................... 7
4
ASSESSMENT AND REPORT WRITING............
7
RITING
4.1
Children’s Court Clinic Reports........................................... 7
4.2
Information Brochures ........................................................ 8
4.3
Formatting of Report .......................................................... 8
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4.4
Nature of Assessment and Limited Confidentiality .............. 8
4.5
Information about Consent to the Assessment ................... 9
4.6
Report Contents ................................................................. 9
4.7
Expert Witness Code of Conduct ..................................... 13
4.8
Forensic Report Writing.................................................... 14
4.9
Parenting Capacity Assessments ..................................... 15
4.10
Risk of Harm .................................................................... 16
4.11
Number of Appointments ................................................. 16
4.12
Confidentiality/Restricted Release of Report..................... 16
4.13
Deadline for Submitting Reports ....................................... 17
4.14
Attachments ..................................................................... 17
4.15
Attachment of Invoice to Report ....................................... 17
4.16
Quality Review of Reports ................................................ 17
4.17
Attendance at Court as Witness ....................................... 18
4.18
Guidelines and Assistance ............................................... 18
5
ISSUES IN RELATION TO REPORTS ............... 18
5.1
Conflict of Interest ............................................................ 18
5.2
Counselling and Therapy ................................................. 19
5.3
Contact with Client after Submission of the Report ........... 19
5.4
Access to Information Relating to Reports ........................ 19
5.5
Breaches of the Agreement to Provide Services............... 20
5.6
Complaints Procedure...................................................... 20
5.7
Security of Assessments and Reports .............................. 20
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ADMINISTRATIVE PROCEDURES.....................
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ROCEDURES
6.1
Invoicing for Authorised Clinician Reports ........................ 21
6.2
Change of Contact Details ............................................... 21
6.3
Single Practitioner ............................................................ 21
6.4
Travel............................................................................... 21
6.5
Insurance ......................................................................... 22
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6.6
Interpreting Services ........................................................ 23
7
CONCLUSION............................................................
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ONCLUSION
8
GLOSSARY.................................................................
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LOSSARY
9
CONTACT DETAILS................................................
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ETAILS
10
APPENDICES.............................................................
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PPENDICES
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Authorised Clinicians’ Handbook
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Authorised Clinicians’
Handbook
A guide for Authorised Clinicians
working with the Children’s Court Clinic
1
1.1
THE CHILDREN’S COURT CLINIC
Introduction
The Children’s Court Clinic was established pursuant to the Children
and Young Persons (Care and Protection) Act 1998 (The Act) as part of
the NSW Department of Justice and Attorney General. The Act provides
for the care and protection of, and provision to services to, children and
young people.
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The Act has, in broad terms, the goals of ensuring an effective child
protection system in a multicultural society that recognises the necessity of
a whole of Government approach and the most efficient use of resources.
The Act allows the sharing of parental responsibility encourages agreement
wherever possible and emphasises the important role of education in
childcare practices. The Act also facilitates restoration and permanency
planning and special protection for children in care.
The Act aims to protect the welfare and ensure the rights of the child, and
inform people and services about their roles and responsibilities in relation
to children. This is achieved through a series of objects and principles,
which guide those who utilise and are party to the Act, and a series of
regulations, which outline the rights of the parties involved in care
proceedings. The Act also details interagency roles, responsibilities and
procedures.
1.2
Staff and Location
The Children’s Court Clinic includes a small unit of staff, administered by
the Director, responsible for management of the statewide service, and a
Senior Psychologist and other clinicians who also conduct assessments.
There are purpose-built clinics at the NSW Children’s Court at Parramatta
and at the Children’s Court at Broadmeadow. More information can be
found at our website: www.lawlink.nsw.gov.au/lawlink/ccc
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1.3
Assessments for the Children’s Court
Children’s Court Magistrates make Assessment Orders when they require
expert assessment of issues in relation to particular cases before the Court.
For example, the judicial officer may request an assessment of the
parent/caregiver(s) capacity to care for the child or an assessment of the
child’s development.
When the Court requests an assessment report from the Children’s Court
Clinic, the Director of the Clinic allocates it to the most appropriate
Authorised Clinician. This is determined on the basis of specific expertise
in relation to the nature of the assessment and the geographical location of
the client.
1.4
Authorised Clinicians
The Clinic employs on a contractual basis, a number of accredited
clinicians located throughout the state. These clinicians are known as
Authorised Clinicians (Children’s Court Clinic). All applicants for inclusion
on the Authorised Clinician (CCC) Scheme are vetted by the Professional
Advisory Group, which oversees maintenance of the professional
standards of the Clinic.
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The Authorised Clinicians sign an Agreement to Provide Services
document (which includes a Statement of Fitness to Undertake
Assessments and Write Reports) with the Children’s Court Clinic, whereby
they agree to accept referrals from the Clinic to conduct assessments and
prepare reports for the Court.
1.5
The Role of the Authorised Clinician
Provide an objective assessment of the client/s situation that
addresses the questions or concerns of the judicial officer.
Prepare assessment reports for the Court which include
recommendations that are in accordance with the objects,
principles, and responsibilities outlined in the Children and Young
Person (Care and Protection) Act 1998 (Appendix 1).
Conduct assessments in a manner that is appropriate to the
ethnicity and culture of the client, particularly indigenous clients
(Appendix 2b, 2c).
Attend Court when requested by the judicial officer for crossexamination.
Participate in preliminary conferences as requested by the Court
on an occasional basis.
The Children’s Court Clinic has adopted the competency standards and
related assessment methods appropriate to the professions of psychology,
psychiatry and social work. Authorised Clinicians must be registered
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members of their respective professional body and must adhere to the
clinical and ethical standards set by these bodies.
2 AUTHORISATION
2.1
Authorisation
In addition to the conditions set by the respective professional bodies,
standards for approval of Authorised Clinicians are developed and
monitored by the Professional Advisory Group. The standards aim to
ensure that suitably qualified practitioners with relevant experience
undertake assessments and provide reports.
Authorised Clinicians are qualified psychiatrists, psychologists or social
workers who meet the approval criteria, and have signed the Agreement to
Provide Services with the Children’s Court Clinic.
2.2
Professional Development
The criteria includes a requirement for Authorised Clinicians to maintain
professional development in such areas as child development, family
dynamics and relationships, mental health and associated issues that are
relevant to the professional undertakings of the Children’s Court Clinic.
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It is expected that the Authorised Clinician will also make every endeavour
to attend the training and professional development provided by the
Children’s Court Clinic.
2.3
Ongoing Authorisation
Ongoing authorisation is subject to the Authorised Clinician maintaining the
requirements of the Agreement to Provide Services including a Statement
of Fitness to Undertake Assessments and Write Reports.
Contracts are reviewed every three years. Authorised Clinicians will be
asked to confirm their current registration and professional indemnity
insurance, to provide evidence of their continued professional development
and sign the Agreement to Provide Services document. They will be
expected to undergo a ‘Working with Children Check’.
2.4
Agreement to Provide Services
The Agreement to Provide Services is current only for the time period it
specifies. Assessments and reports cannot be referred if the Agreement to
Provide Services is not current.
2.5
Indemnity and Compensation
Authorised Clinicians are not employees of the NSW Government and as
such are not eligible for public service entitlements. Authorised Clinicians
are responsible for their own arrangements with the Australian Taxation
Office and neither the Children’s Court Clinic nor the NSW Government
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cover them in any way for worker’s compensation, superannuation,
professional indemnity or public liability insurance.
It is a requirement for continued authorisation of the Authorised Clinicians
to ensure that they have the necessary insurance cover they require to
meet any claims for professional negligence or public liability against either
them or the NSW Government as a result of the services they undertake.
The insurance requirements are detailed in the Agreement to Provide
Services document.
3 REPORT PROCESS
3.1
Receipt of Assessment Order
Upon receipt of the Assessment Order form (Appendix 3a), the Director of
the Clinic (or their delegate), will review the order to determine whether,
under Section 58 of the Children and Young Persons (Care and Protection)
Act 1998, the Clinic is able to undertake the assessment and report or
whether it is more appropriate for the report to be prepared by another
agency or practitioner.
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If the referral is deemed appropriate, the Director (or their delegate) will,
after receiving the File of Documents in relation to the matter, refer the
report to the most suitable Authorised Clinician in the Children’s Court
Clinic Scheme.
3.2
Documents sent to Authorised Clinicians
Referrals to Authorised Clinicians will include copies of the Assessment
Order, Notice of an Assessment Order (Appendix 3b) and an Application to
Children’s Court for Assessment Order. The Children’s Court Clinic will
receive a File of Documents, which is forwarded from the applicant for the
Assessment Order or by another party as directed by the Court. The File of
Documents represents all the papers that the Court has agreed are
relevant to the case. These will be sent to the Authorised Clinician who will
read them as background to the issues.
The File of Documents will include:
A list of all documents
All applications and orders in the current proceedings
The names and contact details of each party to the proceedings
Names and contact details of legal representatives
Documents filed in the proceedings
Previous clinical reports if available
Other documents as agreed to, or the Court directs should be included
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3.3
Organisation of Appointments
The Authorised Clinician is contacted once the Children’s Court Clinic has
received all relevant documentation from the Court, including the File of
Documents. The Children’s Court Clinic Director (or their delegate), will
contact the Authorised Clinician and confirm a referral by telephone.
Following the telephone contact and acceptance of the referral, all relevant
documents will be sent to the Authorised Clinician.
The Authorised Clinician is to make direct contact with the client/s and
make all appointments for assessment. It is important to stress to the client
that the Authorised Clinician is conducting an independent assessment.
The client/s should be instructed to contact the Authorised Clinician directly
if they predict any problem in attending their appointment.
The purpose of, and issues to be addressed in the assessment will always
determine both who is included in the assessment and how it is conducted.
However, as family issues are an important part of the assessment it is
crucial to the assessment that the Authorised Clinician include relevant
family members and/or significant others.
3.4
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Providing an Appointment
Authorised Clinicians are required to advise the client/s of an appointment
within 72 hours of receiving the assessment report request. This does not
mean that the appointment is within 72 hours but it does mean that client(s)
are contacted about when the appointment is likely to take place, thus
reducing anxiety in the client/s or their agent.
At the time of making the appointment, the Authorised Clinician should
always ask the client/s if they require assistance to get to the appointment.
If the client requires assistance to get to the appointment the Authorised
Clinician should follow the guidelines in section 3.6.
If an interpreter is required, Authorised Clinicians should follow the
guidelines in section 6.6.
Authorised Clinicians are advised to recontact the client/s between 48 to 24
hours prior to the scheduled assessment time to reconfirm the
appointment.
3.5
Contact with Caseworker
There will be a caseworker involved with the client(s) you are to assess. It
is useful to make brief contact with this caseworker prior to interviewing the
client, as the circumstances of their lives can be quite dynamic. The
caseworker will be able to provide information about the current situation
and update on contact details. It is essential to record this contact in the
report. The independence of the Authorised Clinician’s role must be
maintained during contact with Departmental officers.
3.6
Travel Assistance for Clients
The Department of Human Services (Community Services) (CS) have
agreed to assist clients to attend clinical interviews conducted for the
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Children’s Court Clinic as part of the Assessment Order. If travel assistance
is required, the Authorised Clinician should inform the client/s that the
Authorise Clinician can request assistance by faxing the details of the
appointment to the relevant CS.
The Authorised Clinician should inform the client that only the appointment
details will be provided to the CSC. It is important that clients are assured
that the Authorised Clinician is preparing a report that is independent of
Community Services, and all other parties to the proceedings.
The fax number for the relevant Community Services Centre (CSC) will be
on the Notice of an Assessment Order form.
The Authorised Clinician should complete the Request for Travel
Assistance form (Appendix 5) and fax it to the relevant CSC at the time the
appointment is made with the client, or else telephone the CSC and make
direct arrangements for the clients to attend for interview. This is to allow
time for the CSC to assist the client with travel arrangements/finance prior
to the scheduled appointment. If the client feels comfortable about
contacting Community Services directly themselves to gain travel
assistance this is also acceptable.
3.7
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Location of Assessment
Authorised Clinicians are expected to conduct interviews of clients in their
own professional practices or in another mutually suitable location.
Assessments may be undertaken in the client/s home but the Authorised
Clinician must be aware of safety, insurance and travel costs related to this
choice.
Local courts will usually have interview rooms available in which Authorised
Clinicians can conduct appointments. These rooms must be booked in
advance. This can be a useful option if there are any safety issues.
As a general rule and in order to maintain independence, interviews should
not take place in CSCs.
3.8
Safety and Security
An Authorised Clinician should not undertake an assessment if they are
threatened or believe that they may be at risk of harm from a client or their
family or anyone else in relation to their professional undertakings for the
Children’s Court Clinic. In these circumstances the Authorised Clinician
should inform the Children’s Court Clinic immediately of their concerns and
complete a Nil Report cover sheet (Appendix 7).
3.9
Non Attendance of Appointments
If after reconfirming the appointment between 48 to 24 hours prior, the
client/s still do not attend, the Authorised Clinician may decide to either:
Reschedule the appointment
or
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Complete a Nil Report, which is sent to the Clinic.
If an Authorised Clinician decides to make another appointment with the
client/s and this means that the report will not be prepared within the
required time frame, the Children’s Court Clinic should be notified in writing,
specifying the date at which the report will be submitted to the Clinic. The
Director (or their delegate), will inform the Court of their delayed report.
The Director (or their delegate), will inform the Children’s Court of a Nil
Report and no further action will be taken unless the Court orders another
assessment.
3.10 Payment for Non Attendance of Appointment
If the Authorised Clinician has reconfirmed the appointment by telephone
between 48 and 24 hours prior to the assessment and the client/s do not
attend the appointment, the Authorised Clinician may be paid a nonattendance rate of 25% of the Category One Report fee.
Note that this payment is made only when the Authorised Clinician has less
than 24 hours notice of non-attendance, has reconfirmed the appointment
by telephone between 48 and 24 hours prior to the assessment, and can
demonstrate financial loss.
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A payment is not made when one or other client fails to attend but a report
is still completed. It is not made when the Authorised Clinician decides to
reschedule an appointment and submit a completed report despite having
incurred a missed appointment.
4 ASSESSMENT AND REPORT WRITING
4.1
Children’s Court Clinic Reports
There are 6 categories of Children’s Court Clinic reports. These categories
are based on the number of child clients to be assessed:
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Category One Report
(1 child)
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Category Two Report
(2 children)
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Category Three Report
(3 or more children)
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Category Four Report
(File Synthesis and Review Report)
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Category Five Report
(Update report)
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Category Six Report
(Criminal Jurisdiction)
The Authorised Clinician will be paid on a per report basis (see Scale of
Fees - Appendix 12) and the category of report will be indicated at the time
of referral.
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4.2
Information Brochures
The Children’s Court Clinic has two information brochures available. Their
legal representative has usually given these to the client/s at Court. These
brochures can assist clients to understand the basic process and
procedures involved in a Children’s Court Clinic assessment. The
brochures are also available to Authorised Clinicians to provide information
to clients if the legal representative has not already done this.
CHILDREN’S COURT CLINIC, WHO WE ARE AND WHAT WE DO
A guide for children and young people with information about the
assessment in a manner and language they can understand.
CHILDREN’S COURT CLINIC, ASSESSMENT & REPORTS
A guide aimed at adult and family members with information about the
assessment process.
Copies of these brochures can be obtained through the Children’s Court
Clinic.
4.3
Formatting of Report
All assessment reports prepared through the Authorised Clinicians
(Children’s Court Clinic) Scheme should use:
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Confidentiality Notice (Appendix 9) – note: this should be put on the
front of The Children’s Court Clinic Assessment Report Cover
Sheet
A serif typeface i.e. Times New Roman, Garamond or Georgia;
12 point, single sided type
Numbered pages
Separate one page, precise but detailed and current Curriculum
Vitae
4.4
Nature of Assessment and Limited Confidentiality
It is an essential requirement of undertaking the assessment that the
client/s and their family/significant others, who are to be interviewed, be
fully informed both of the nature of the assessment, and of any restrictions
to confidentiality prior to the assessment interviews. It must be briefly
recorded in the completed report that this information has been provided to
those interviewed.
A Limited Confidentiality in Assessments form (Appendix 8) must be signed
by client/s over the age of 10 years prior to the commencement of the
assessment. This form should be attached to the report when it is sent to
the Children’s Court Clinic. It is important to explain limited confidentiality
before interviewing clients or persons providing collateral information by
telephone.
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4.5
Information about Consent to the Assessment
It is a legal requirement pursuant to section 54 (2) of the Children and
Young Persons (Care and Protection) Act 1998 that in relation to consent:
An assessment of a person’s capacity for parental responsibility
can only occur with the consent of the person whose capacity is
to be assessed.
When assessing a child or young person, the child or young
person must be informed in a manner and language that they
understand about the reasons for the assessment. If the child or
young person is of sufficient understanding to make an informed
decision, they may refuse to be part of the assessment.
Should the client/s not consent to an assessment and this means the
assessment cannot go ahead, a Nil Report Cover Sheet should be
returned to the Children’s Court Clinic.
4.6
Report Contents
Authorised Clinicians should also use the appropriate headings and subheadings to structure the content of the report:
Report Contents:
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1. Assessment Order/Referral Details
2. Issues to be Addressed
3. Sources of Information
4. Assessment Contacts
5. Clinical Interviews and Observations
6. Assessment Process and Limited Confidentiality
7. Relevant Background Information
8. Clinical Findings
8.1.1 Presentation at Interview
8.1.2 Psychometric Test Findings
8.1.3 Diagnoses and Test Results
9. Observations/Interviews with Children
10. Collateral Sources of Information
11. Formulation/Summary
12. Recommendations
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A guide to the contents of an assessment report:
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1. Assessment
Order/Referral
Details
Each report commence(s) with an indication of
the source of the referral in terms of the
Assessment Order.
2. Issues to be
Addressed
The issues to be addressed as listed in the
Assessment Order should be stated in the
same terms in which they are written on the
Order
3. Sources of
Information
A list of all the documents reviewed in
preparing the assessment is to be provided.
These documents may include affidavits,
medical reports, psychological assessment
reports, police records, educational reports etc,
as well as information from other sources. They
should be dated.
4. Assessment
Contacts
The clinician should list chronologically all
contacts made in the course of undertaking the
assessment and indicate the nature of the
contact (eg facsimile, telephone, in person etc).
5. Clinical Interviews
and Observations
The clinician must detail the face-to-face
interviews, observations and testing that
occurred including the time, date and location of
each.
6. Assessment Process
and Limited
Confidentiality
It is an essential requirement that all clients are
informed of the nature and process of the
assessment and of limitations to confidentiality.
This must be recorded in the report.
7. Relevant
Background
Information
The clinician should provide historical
information relevant to the client/s current
situation and functioning. A brief history of child
protection issues will be necessary in order to
frame the material provided in the assessment
report.
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8. Clinical Findings
This section of the report should document
information gathered at interview and the
clinician’s own observations and findings. It is
important to document any specific details that
are of relevance to the problems to be
investigated, especially as outlined in the
‘Issues to be addressed’ section.
Additionally, the following
issues should be addressed if
they are clinically relevant:
8.1 Presentation
Interview
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at
8.2 Psychometric
Test Findings
8.3 Diagnoses and
Test Results
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The
clinical
interview
(together
with
observations) is the most important facet of the
assessment. Therefore information gathered
during the clinical interviews needs to be
reliably reported, analysed and synthesized in
the report. The clinical findings will usually
include a brief personal history of each client.
Describe the client/s general presentation at
interview. It should also include the Authorised
Clinician’s opinion of any client characteristics,
which may have made it difficult to conduct the
interview (eg. thought disorder, intoxication,
emotionally labile, etc). At times it is useful to
quote client comment or opinion to give
immediacy to the report and to illustrate the
presentation of the clients.
Any psychometric testing must be linked to the
issues the assessment is to address. Tests
used must be noted in the report, with a brief
rationale for their selection. The Authorised
Clinician will explain the specific relevance of
the psychometric test results in the case
formulation. It is important to ensure that
persons subjected to psychometric testing have
adequate literacy skills to answer the items
reliably. Descriptive results of the tests are best
not included in the body of the report, but in the
appendices.
In presenting test findings or diagnoses, it is
critical that the written report address the major
reasons for the assessment. It is important to
avoid presenting test scores or diagnoses without
providing an opinion of the implications of these
to the issues being investigated. This is critical as
readers will depend on the clinician’s
interpretation of test results and diagnoses and
they should not stand alone.
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9.0 Observations
/Interviews with
Children
Parenting capacity assessments will always
include observations of children interacting
with those seeking parenting responsibility
unless there are sound and strong reasons
for the child not being seen with those
persons. If children are of a suitable age, their
views should also be canvassed by the
clinician and expressed in the report.
Matters to be addressed will depend on the
questions asked in the Assessment Order. If
the child is old enough they should be
interviewed. The following must be taken into
account:
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The child’s wishes, perceptions and
feelings
The child’s physical, cognitive and
social developmental progress plus
needs and relationships with
significant others
The potential effects of harm on the
child and/or possible impairment on
functioning and development in the
longer term.
10 Collateral sources
of information
In the course of an assessment, client/s may
refer to their contacts with professionals and
agencies
(eg.
health,
professionals,
educators, general practitioners, relatives,
supervisors etc) to verify his/her history. If
this is important to the Clinician’s opinion
about an applicant’s history, circumstances
or current status, then it is essential that the
Clinician contact such persons to validate
the information. The client/s permission
should be requested prior to making this
contact
11. Formulation/
Summary
The clinician draws on information
presented in the previous sections and
integrates
the
material
logically
demonstrating the relevance of the clinical
issues to the legal question or issues being
considered. The Clinician should express
her/his opinion clearly and succinctly and
without bias. Comment is provided on both
the strengths and limitations in the client/s
presentation and situation. No entirely new
information should be presented in the
Summary
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12. Recommendations
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4.7
The Clinician should make clear, brief and
itemised recommendations in terms of the
issues to be addressed. These may include
recommendations about future placement of
the subject children, services to assist in the
care of a child, treatment options, contact
issues therapeutic intervention etc. Each
recommendation
should
be
stated
separately and contain a limited amount of
information. It is helpful to number or dot
point for clarity.
Note 1.
Ensure that the
services are
available.
The Authorised Clinician should ensure that
the recommendations made are realistic,
particularly in terms of the client’s access to
services and the local availability of options.
This may require the Clinicians to contact
local services and agencies or regional
bodies, for example, the Child and
Adolescent Mental Health Coordinators and
the Aboriginal Health and Medical Research
Council etc.
This is to ensure that
interventions being recommended are
realistically available.
Note 2.
Significance of
Assessment Reports
It is important to be aware that assessment
reports by the Authorised Clinician will assist
in formulating outcomes at Court and can be
very significant to the child’s life and future.
They must be taken with care, caution and
professional commitment.
Expert Witness Code of Conduct
The Authorised Clinician is a Court-appointed expert, whose overriding
duty is to assist the court impartially. In preparing an expert report the
Authorised Clinician should maintain professional objectivity and
impartiality at all times. Authorised Clinicians should also address the
questions or deal with the issues of concern as outlined by the Magistrate
in the Assessment Order. The Authorised Clinicians should not express an
opinion outside the scope of their expertise. The Authorised Clinician
should also attempt to verify information that is provided by contacting
collateral sources.
Authorised Clinicians are guided by the Expert Witness Code of Conduct,
Supreme Court Rules, Schedule K (Appendix 16). They must note their
adherence to these rules in their report.
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4.8
Forensic Report Writing
Key Features:
List the Issues to be addressed: as per the referral, at the
commencement of the report. (If they are very lengthy, summarise
them into a number of key areas)
Clarify the Reason for the referral: in your own mind to assist in
formulating the assessment plan and process.
Make contact: with the client/s and gain current information from the
Community Services caseworker. Plan the interview/s. Be mindful to
keep conflictual parties separate.
List all documents reviewed: list and date documents provided (If there
are a great many, provide a summarised list)
Use a Variety of Methods: undertake the clinical evaluation using a
variety of methods (i.e. Interview, observation, testing if appropriate).
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Contact over Time: if it is appropriate and if time allows, have a number
of contacts so that the parties can be assessed over time, in
different contexts. You may choose to interview and then telephone
to gain further information, and to ascertain consistency.
Contact Collateral Sources: obtain information from other sources such
as foster parents, teachers and health professionals. Contact with
other agencies or persons not identified as part of the assessment
should be undertaken only after gaining permission from the client.
Inform collateral sources you are undertaking a Children’s Court
Clinic report and there are limits to confidentiality.
Tests: explain any tests administered to the client prior to testing in lay
terms in the report, and avoid jargon. Relate the results to the issues
in question.
Referral Questions: ensure that you have answered the referral
question/s (see point 1 above). If you have been unable to for some
reason, explain why (e.g., not enough information was available,
client did not comment).
Additional Comment: provide additional information or comment on
issues that emerge during the assessment that are appropriate to
the case at hand.
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Formulation: summarise findings and observations into a relevant, logical
and objective formulation. The Authorised Clinician should explain
the basis on which he/she is stating their opinion. Attempt to
distinguish between conclusions drawn from your own observations
and clinical analysis, and those conclusions based on what you
have been told, or information gained from documents. Do not
provide new information in the formulation that has not been
provided in the body of the report.
Recommendations: should emerge from the formulation or summation.
List clear and succinct recommendations, making suggestions for
intervention as appropriate.
The nature of the work undertaken by the Children's Court Clinic is in
essence both forensic and clinical. The following key features should be
considered when undertaking assessments and completing reports. They
can assist in terms of the contribution of the information contained in the
report to the decision at Court.
4.9
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Parenting Capacity Assessments
Each Authorised Clinician brings a range of expertise and skills in working
with children and families to the assessment process. The Children’s Court
Clinic does not seek to strictly prescribe the methodology and approach to
assessment that the Authorised Clinician chooses to utilise, however, a
useful guide, developed by the UK Department of Health, Framework
(DOH 2000b) highlights the key areas of parenting capacity and can be
helpful.
They suggest the following issues should be addressed:
The parent(s)/caregiver(s) understanding of the child’s needs and
development and what they are doing which is relevant to the child’s
developmental needs.
The parent (s)/caregiver(s) response to a child and the child’s behaviour
or circumstances.
The effect this child has on them and the meaning the child has for them
The extent to which they are responding appropriately to the child’s
needs and the areas where they are experiencing difficulties in
meeting needs, or failing to do so.
The impact of difficulties parents/carers may be experiencing themselves
on their ability to carry our parental tasks and responsibilities
(distinguishing realisation from aspiration and their own
relationship with significant others).
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The parent (s)/caregiver(s)ability to face and accept their difficulties
The parent (s)/caregiver(s) ability to use support and accept help and the
availability of this.
The parent(s)/caregiver(s) capacity for adaptation and change in their
parenting response including their past efforts to do so.
The parent(s)/care giver(s) strengths and limitations in terms of each of
the items previously listed.
4.10 Risk of Harm
Should the Authorised Clinician, during the course of conducting an
assessment, identify that a child or young person is currently at risk of
harm, as defined in section 23 of the Children and Young Persons (Care
and Protection) Act 1998, the Authorised Clinician is legally mandated to
make a report to the Department of Human Services (Community
Services) Helpline on 132111. It is also a requirement of the Children’s
Court Clinic that the Director be informed of such circumstances.
4.11 Number of Appointments
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Authorised Clinicians may see the client/s as many times as required in
order to complete the assessment and write the report. The minimum
requirement is that the client/s (including the child/ren) are seen in person
at least once. If this is not possible, then an explanation must be given in
the final report. The Children’s Court Clinic will pay a standard fee for the
report, irrespective of the number of appointments, according to the Scale
of Fees (Appendix 12).
Client consultations/interviews will not usually be required in the following
circumstances; a File Review and Synthesis Report; or an Update Report.
4.12 Confidentiality/Restricted Release of Report
The Confidentiality Notice form (Appendix 9) must always be completed
and placed on the front of the report, on top of the Children’s Court Clinic
Assessment Report cover sheet to assist the Magistrate in deciding whom
the report will be distributed to.
The Authorised Clinician should clearly specify:
4.12.1
Whether the release of any of the information contained in the
report would be harmful to the physical or mental health of a parent
or child, and
4.12.2
Whether the child, or a parent of a child, or another party to the
proceeding has notified the author of the report of his or her
objection to the release of any part of the report.
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It should be noted that when reports are submitted to Court, they become
the property of the Court. Appropriate requests for release of the report will
be supported by the Children’s Court Clinic and passed on to the Court.
4.13 Deadline for Submitting Reports
The Notice of an Assessment Order will include the date that the report is
required at the Court however, the Authorised Clinician is required to
submit the assessment report by post or facsimile to the Children’s Court
Clinic by the date that is indicated on the referral form when it is sent to the
Authorised Clinician. The date set for the receipt of the report at the clinic is
usually at least five days before the report is due at Court to allow time for
the report to be reviewed by the Director or his/her delegate prior to
submission to Court.
4.14 Attachments
The assessment report should have attached:
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Confidentiality Notice form (Appendix 9);
Children’s Court Clinic Assessment Report cover sheet
(Appendix 10);
Brief, concise single page Curriculum Vitae
Limited Confidentiality in Assessments form (Appendix 8);
Invoice for the report
Completed Client Survey form
Other relevant paperwork/receipts (eg: interpreter receipt,
documents provided by client to clinician at interview).
A checklist for these documents is found in Appendix 11.
4.15 Attachment of Invoice to Report
When the report is sent to the Children’s Court Clinic the invoice should be
attached. (See section 6.1 - Invoicing for Authorised Clinician Reports).
Invoices for reports should be submitted using invoices provided by the
Children’s Court Clinic (Appendix 13).
4.16 Quality Review of Reports
The Director (or their delegate), will read the assessment report before it is
sent to the Court.
The Director may contact the Authorised Clinician to discuss the report and
make suggestions in relation to the report. The Authorised Clinician has the
discretion to incorporate or not incorporate any suggested amendments
into the report. The Director or his/her delegate, may make suggestions in
the direction of improving the quality of the reports including expanding and
clarifying issues, correcting obvious typographical errors and explaining
assessment decisions more clearly in the report, rather than in terms of
altering the clinical content of the report.
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Authorised Clinician reports are also subject to review by the Professional
Advisory Group. The Professional Advisory Group will from time to time
consider the quality of the reports provided by the Children’s Court Clinic
and advise on actions to be taken if work is not considered to meet the
requisite standard. Additionally the Children’s Court Clinic may consult
externally in terms of improving the quality of assessments on a general
basis. It may also include the reports or aspects of the work of the
Children’s Court Clinic in research studies if it is deemed that such
involvement will lead to improvements in service or quality.
4.17 Attendance at Court as Witness
Authorised Clinicians should be aware that the Court might require the
Clinician to attend Court as a witness. See Guidelines for Clinicians Giving
Evidence in Children’s Court (Appendix 15). Clinicians should also be
guided by the Expert Witness Code of Conduct, Supreme Court Rules,
Schedule K (Appendix 16).
It is therefore important for Authorised Clinician to keep accurate records of
any assessment and report that they prepare through the Authorised
Clinician (CCC) Scheme.
4.18 Guidelines and Assistance
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The Authorised Clinicians may contact the Children’s Court Clinic at any
time to gain assistance and advice in relation to their assessment reports.
5 ISSUES IN RELATION TO REPORTS
5.1
Conflict of Interest
Under Clause 3.12 and Schedule 4 of the Agreement to Provide Services,
Authorised Clinicians are required to contact the Children’s Court Clinic to
advise of any actual or potential conflict of interest, which may impact, on
their performance as an Authorised Clinician.
In addition, Authorised Clinicians should also contact the Children’s Court
Clinic if there are circumstances in relation to a particular assessment that
impact on, or could be perceived as impacting on, their ability to write an
objective, balanced assessment of the client/s situation. In particular, this
may occur if the Authorised Clinician has a relationship with one of the
client/s or the family of the client/s. A personal relationship can impair the
objectivity and/or judgement of the Authorised Clinician.
It is the Authorised Clinician’s responsibility to establish a clear framework
for their professional working relationship with a client. If circumstances
arise that challenge the boundaries of this professional relationship, the
matter should be referred to the Director.
A conflict of interest may also occur when an Authorised Clinician has
treated the client, or any other involved parties, previously in another
capacity, or, for another agency, which may reduce impartiality. If this is
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the case Authorised Clinicians should indicate their previous involvement to
the Director.
The Authorised Clinician who completes a report for the Children’s Court
Clinic is not permitted to undertake private work in any capacity with the
client/s after the completion of the assessment report without formal
approval from the Director.
Where there is a conflict of interest that has not been declared to the
Director and the Children’s Court Clinic becomes aware of it, the
Authorised Clinician will not receive payment for the report and the matter
will be referred to the Professional Advisory Group for consideration.
A clear conflict of interest would occur if an Authorised Clinician is currently
an employee or becomes an employee of the Department of Human
Services (Community Services). If this situation should occur the
Authorised Clinician should inform the Director immediately.
5.2
Counselling and Therapy
Schedule 4 of the Agreement states that an Authorised Clinician must not
have undertaken assessment, counselling or therapy with a client or their
family, and then undertake an assessment of the same client or family. The
only exception to this rule is ‘if all parties agree’ to the assessment and
report as above and there is approval from the Director that this is
permitted.
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Failure to disclose the Authorised Clinician having undertaking
assessment, counselling or therapy of a client that the Authorised Clinician
is to assess, outside this exception, could result in forfeiture of payment for
the report. The matter will be referred to the Professional Advisory Group to
review acceptance of the Authorised Clinician’s report and payment for the
report.
5.3
Contact with Client after Submission of the Report
Authorised Clinicians should not maintain any contact with the client once
the Assessment Report has been completed. If the client contacts the
Authorised Clinician, they should be directed to an appropriate referral
service and/or the Children’s Court Clinic where appropriate. It should be
explained to the client that the report has been submitted and the
Authorised Clinician’s role has ended.
5.4
Access to Information Relating to Reports
The Authorised Clinician’s Report is an independent, objective and
balanced assessment of the client/s situation. Children's Court Clinic
assessment reports are prepared for the Children’s Court and may not be
distributed or their contents made available to parties to proceedings, or to
any other person without the approval of the Magistrate presiding in the
matter.
If the client/s and/or their legal representative ask for clarification of
particular parts of the report, the Authorised Clinician may do so only with
the authority of the Children’s Court Clinic.
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The Children’s Court Clinic and Authorised Clinicians cannot meet requests
for:
Information relating to the content of an assessment report
or
A copy of the assessment report
Authorised Clinicians should not amend their report at the request of the
client/s or their legal representative or any other party to the proceedings. If
an Authorised Clinician is requested to amend their report, the individual
making the request should be referred to the Director of the Children’s
Court Clinic. The matter may need to be referred back to the Court.
5.5
Breaches of the Agreement to Provide Services
A breach of the Agreement to Provide Services, such as not informing the
Children’s Court Clinic of a possible conflict of interest or not providing
assessment reports of a suitable standard, may result in suspension or
removal from the Authorised Clinician (CCC) Scheme.
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Complaints Procedure
A Policy and Procedures for the Resolution of Client Complaints
(Appendix 14) has been developed to provide a suitable mechanism for
the clients to resolve any grievances and complaints regarding
Children’s Court Clinic services. Authorised Clinicians should be familiar
with this policy document and follow the stated procedure in the event
that a client has a grievance about any aspect of the Clinic’s service.
If the Authorised Clinician wishes to make a complaint about the Children’s
Court Clinic, the complaints resolution process detailed in Schedule 5 of
the Agreement to Provide Services should be followed.
5.7
Security of Assessments and Reports
Authorised Clinicians are required to maintain clinical records for
assessments provided through the Children’s Court Clinic. All assessment
files and clinical records relating to sessions with clients are to be kept in
locked cabinets in secure premises. Authorised Clinicians should also
secure electronic files with appropriate protection. These files and
documents should be maintained for a five-year period.
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6 ADMINISTRATIVE PROCEDURES
6.1
Invoicing for Authorised Clinician Reports
Invoices should be forwarded by the Authorised Clinician with the report.
The invoice should relate to that report only. Each report requires a
separate invoice to be completed and submitted to the Children’s Court
Clinic (Appendix 13).
As per Schedule 3 of the Agreement to Provide Services the Authorised
Clinician will receive a set fee (inclusive of GST) for each report submitted
to the Children’s Court Clinic.
The Children’s Court Clinic will endeavour to pay the Authorised Clinician
within 28 days of the receipt of the invoice.
6.2
Change of Contact Details
Authorised Clinicians must inform the Children’s Court Clinic in writing as
soon as possible of any changes in contact details such as address or
phone number or to availability including holidays and illness, or any other
issue relevant to their contact or availability. To assist with maintaining
correct referral details, Authorised Clinicians should note:
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6.3
Authorised Clinicians are to notify the Children’s Court Clinic as soon
as practicable if they are unable to accept a referral. Authorised
Clinicians may indicate to the Children’s Court Clinic that another
Authorised Clinician is willing to accept the referral but must not
directly refer clients to another Authorised Clinician.
An Authorised Clinician may withdraw from the Scheme at any time by
notifying the Children’s Court Clinic in writing.
An Authorised Clinician may ring the Children’s Court Clinic at any
time to discuss issues of availability for referral.
Single Practitioner
Where a practitioner operates both as an individual private practitioner and
as part of a group practice, the approval to assess a client for the
Children’s Court Clinic is specific to an individual private practitioner. The
assessment and report must be conducted by the clinician who has been
authorised.
6.4
Travel
Authorised Clinicians are normally expected to undertake assessment of
Children’s Court Clinic client/s and their families in their own professional
premises or in a suitably agreed upon location. However, in some
instances, the clinician may travel to the client’s home or a facility near the
client. Authorised Clinicians who are considering undertaking travel should
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note that the Department of Human Services (Community Services) has
undertaken to provide travel assistance to children and their families to
enable them to attend assessment interviews. In all normal circumstances
the Authorised Clinician will expect the client to travel to them.
If for some sound reason the Authorised Clinician must travel a substantial
distance to interview client/s and wishes to seek reimbursement for such
travel, he/she must seek approval for this prior to undertaking travel.
Authorised Clinicians who are considering undertaking travel should note:
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6.5
6.4.1
Clients or their families who have a physical or psychological disability
that makes travel very difficult may, at times, request assessment be
provided in another setting, usually in their home.
6.4.2
It remains the Authorised Clinician’s choice to undertake travel and to
arrange conditions that are acceptable to both the Authorised Clinician
and the client and their families.
6.4.3
Any travel costs required should be discussed with the Client Services
Manager and must be approved by the Director of the Children’s Court
Clinic prior to travel being undertaken.
6.4.4
Travel costs will be reimbursed at a rate determined by the Children’s
Court Clinic.
6.4.5
Vehicles used must be comprehensively insured.
6.4.6
Authorised Clinicians may assist clients with special needs by
arranging an alternative venue that is accessible by the client. Any
costs should be discussed with the Client Services Manager and must
be approved by the Director prior to assessments being undertaken.
6.4.7
If the Authorised Clinician visits the clients home, it is the Authorised
Clinicians responsibility to maintain the necessary insurance cover
regarding client home visits.
Insurance
The Agreement to Provide Services between the Children’s Court Clinic
and the Authorised Clinician specifies that the Authorised Clinician must
have both Professional Indemnity and Public Liability insurance (see
Schedule 1 of the Agreement to Provide Services).
In the event that the Authorised Clinician deems it appropriate to undertake
some part of the assessment in the home of the client/s, it is the Authorised
Clinician’s responsibility to make arrangements regarding personal
insurance coverage required for this situation.
The Children’s Court Clinic and the Department of Justice and Attorney
General cannot accept liability for personal injury, property damage or other
loss as a result of the Authorised Clinician attending the client’s own home
or travelling to the client’s home.
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6.6
Interpreting Services
Interpreting may be arranged to facilitate access to assessments for clients
and their families who speak a language other than English or for clients
who are hearing impaired. Points to note in relation to interpreting include:
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6.6.1
Where appropriate, clients who speak a language other than English
may be referred to an Authorised Clinician with the relevant language.
Authorised Clinicians who speak a language other than English or
who are Auslan interpreters, should inform the Children’s Court Clinic.
6.6.2
If an interpreter is required, the Authorised Clinician should arrange for
an interpreter to be available for the appointment via Language
Services, Community Relations Commission, following the Requests
for Interpreter Services (Appendix 6). The Children’s Court Clinic can
be contacted to assist in this regard.
6.6.3
If the interpreter is late for a session, or fails to show up, or any other
difficulties are experienced in relation to the interpreting provided,
Authorised Clinicians are encouraged to contact the Children’s Court
Clinic.
6.6.4
Telephone interpreting services are also available for telephone
contact with a client/family member. TIS telephone interpreting service
contact number; 131450 and quote number C366061.
7 CONCLUSION
The Children’s Court Clinic is committed to developing and maintaining a
constructive partnership with Authorised Clinicians of the Children’s Court
Clinic. Clinic staff undertakes to provide information and assistance
wherever possible and Authorised Clinicians are encouraged to contact the
Clinic with any questions or feedback regarding the Authorised Clinician
Scheme.
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8 GLOSSARY
Agreement to Provide Services: the contract signed by the Authorised
Clinician and the Director (Children’s Court Clinic), which details the services to
be provided under the contract, rights and obligations.
Assessment Order: the directions that the Children’s Court Magistrate makes
when they require expert assessment of issues in relation to particular cases
before the court.
Assessment Report: any written or oral material requested or sought from the
Authorised Clinician.
Authorised Clinician: qualified Psychologists, Psychiatrists and Social
Workers approved as Authorised Clinician (Children’s Court Clinic) Scheme.
Client/s: those children and/or their families/significant others who are the
subjects of the assessment.
Conflict of Interest: a situation in which the Authorised Clinician’s objectivity
may be compromised by a current or previous relationship with the client/s.
Director: the Director of the Children’s Court Clinic or his/her nominated
delegate.
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File of Documents: the information sent to the Children’s Court Clinic by the
applicant for the Assessment Order or another party directed by the Court. It
sets out the issue/s that the Children’s Court Clinic is required to address
regarding the Authorised Clinician (CCC) Assessment Report.
File Review and Synthesis Report: the report prepared by the Authorised
Clinician after reading and synthesising the information in the client’s file which
addresses the questions and concerns of the Magistrate.
Nil Report: a report to the Children’s Court which informs that the client has
not attended the assessment interview and consequently a report could not be
prepared.
Notice of an Assessment Order: this outlines the names and contact details
of the relevant parties in relation to the Assessment Order made by the
Magistrate, and is sent to the Children’s Court Clinic by the Court.
Professional Advisory Group (PAG): representatives include nominees from
the NSW Psychologists Registration Board, the Royal Australian and New
Zealand College of Psychiatrists, the Australian Association of Social Workers,
the NSW Department of Health, and the NSW Department of Human Services
(Community Services).
Scale of Fees: the rate at which each type of report is remunerated.
Update Report: a report that is additional to a report previously completed by
an Authorised Clinician, which covers current issues.
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9 CONTACT DETAILS
Clinic Main Line
(02) 8688 1530
Clients Services Manager
(02) 8688 1530
For administration and procedural matters
Fax:
(02) 8688 1520
Address: Children’s Court Clinic
Ground Floor
2 George Street
Parramatta
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DX:
8257 Sydney
Post:
Children’s Court Clinic
Sydney Children’s Hospitals Network
Locked Bag 4001
Westmead NSW 2145
Email:
childrens_court_clinic@agd.nsw.gov.au
Website: www.lawlink.nsw.gov.au/lawlink/ccc
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APPENDICES
1. Children and Young Persons (Care and Protection) Act 1998 – Part 1.
Objects and principles
2a. Children and Young Persons (Care and Protection) Act 1988 – Part 2.
Aboriginal and Torres Strait Islander principles
2b. General Guidelines for Assessing Indigenous Clients
2c. General Guidelines for Working with Indigenous Clients
3a. Application for an Assessment Order
3b. Copy of Notice of an Assessment Order
4. Referral to Authorised Clinician
5. Request for Travel Assistance
6. Procedures for Requesting Interpreter Services
7. Nil Report Cover Sheet
8. Limited Confidentiality in Assessments
9. Confidentiality Notice
10. Assessment Report Format
11. Checklist for Submission of AC (CCC) Reports
12. Scale of Fees
13. Invoice
14. Policy and Procedures for the Resolution of Client Complaints
15. Guidelines for Clinicians Giving Evidence in Court
16. Expert Witness Code of Conduct
17. Additional Questions in Relation to Assessment Reports
18. Procedures Flowchart (Children’s Court Clinic)
19. Management of Danger and Stress in Clinic Work
20. Procedures for Client Interviews
21. Keeping Them Safe & Mandatory Reporting
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Appendix 1
10.1 CHILDREN AND YOUNG PERSONS (CARE AND
PROTECTION) ACT 1998 NO 157
Chapter 2---Objects, principles and responsibilities
Part 1---Objects and principles
7. What is the role of the objects and principles of this Act?
The provisions of this Chapter are intended to give guidance and direction in the
administration of this Act. They do not create, or confer on any person, any right or
entitlement enforceable at law.
8. What are the objects of this Act?
The objects of this Act are to provide:
(a) that children and young persons receive such care and protection as is necessary
for their safety, welfare and well-being, taking into account the rights, powers and
duties of their parents or other persons responsible for them, and
(b) that all institutions, services and facilities responsible for the care and
protection of children and young persons provide an environment for them that is
free of violence and exploitation and provide services that foster their health,
developmental needs, spirituality, self-respect and dignity, and
(c) that appropriate assistance is rendered to parents and other persons responsible
for children and young persons in the performance of their child-rearing
responsibilities in order to promote a safe and nurturing environment.
9. What principles are to be applied in the administration of this Act?
The principles to be applied in the administration of this Act are as follows:
(a) In all actions and decisions made under this Act (whether by legal or
administrative process) concerning a particular child or young person, the safety,
welfare and well-being of the child or young person must be the paramount
consideration. In particular, the safety, welfare and well-being of a child or young
person who has been removed from his or her parents are paramount over the rights
of the parents.
(b) Wherever a child or young person is able to form his or her own views on a
matter concerning his or her safety, welfare and well-being, he or she must be given
an opportunity to express those views freely and those views are to be given due
weight in accordance with the developmental capacity of the child or young person
and the circumstances.
(c) In all actions and decisions made under this Act (whether by legal or
administrative process) that significantly affect a child or young person, account must
be taken of the culture, disability, language, religion and sexuality of the child or
young person and, if relevant, those with parental responsibility for the child or young
person.
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Appendix 1
(d) In deciding what action it is necessary to take (whether by legal or administrative
process) in order to protect a child or young person from harm, the course to be
followed must be the least intrusive intervention in the life of the child or young
person and his or her family that is consistent with the paramount concern to protect
the child or young person from harm and promote the child's or young person's
development.
(e) If a child or young person is temporarily or permanently deprived of his or her
family environment, or cannot be allowed to remain in that environment in his or her
own best interests, the child or young person is entitled to special protection and
assistance from the State, and his or her name, identity, language, cultural and
religious ties should, as far as possible, be preserved.
(f) If a child or young person is placed in out-of-home care, arrangements should be
made, in a timely manner, to ensure the provision of a safe, nurturing, stable and
secure environment, recognising the child or young person's circumstances and that,
the younger the age of the child, the greater the need for early decisions to be made in
relation to a permanent placement.
(g) If a child or young person is placed in out-of-home care, the child or young
person is entitled to a safe, nurturing, stable and secure environment. Unless it is
contrary to his or her best interests, and taking into account the wishes of the child or
young person, this will include the retention by the child or young person of
relationships with people significant to the child or young person, including birth or
adoptive parents, siblings, extended family, peers, family friends and community.
10. The principle of participation
(1) To ensure that a child or young person is able to participate in decisions made under
or pursuant to this Act that have a significant impact on his or her life, the DirectorGeneral is responsible for providing the child or young person with the following:
(a) adequate information, in a manner and language that he or she can understand,
concerning the decisions to be made, the reasons for the Department's intervention,
the ways in which the child or young person can participate in decision-making and
any relevant complaint mechanisms,
(b) the opportunity to express his or her views freely, according to his or her
abilities,
(b) any assistance that is necessary for the child or young person to express those
views,
(d) information as to how his or her views will be recorded and taken into account,
(e) information about the outcome of any decision concerning the child or young
person and a full explanation of the reasons for the decision,
(f) an opportunity to respond to a decision made under this Act concerning the child
or young person.
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Authorised Clinician Handbook
Appendix 1
(2) In the application of this principle, due regard must be had to the age and
developmental capacity of the child or young person.
(3) Decisions that are likely to have a significant impact on the life of a child or young
person include, but are not limited to, the following:
(a) plans for emergency or ongoing care, including placement,
(b) the development of care plans concerning the child or young
person,
(b) Children's Court applications concerning the child or young person,
(d) reviews of care plans concerning the child or young person,
(e) provision of counselling or treatment services,
(f) contact with family or others connected with the child or young person.
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 2a
10.2 CHILDREN AND YOUNG PERSONS (CARE AND
PROTECTION) ACT 1998 NO 157
Part 2---Aboriginal and Torres Strait Islander principles
11. Aboriginal and Torres Strait Islander self-determination
(1) It is a principle to be applied in the administration of this Act that Aboriginal and Torres
Strait Islander people are to participate in the care and protection of their children and young
persons with as much self-determination as is possible.
(2) To assist in the implementation of the principle in subsection (1), the Minister may
negotiate and agree with Aboriginal and Torres Strait Islander people to the implementation
of programs and strategies that promote self-determination.
12. Aboriginal and Torres Strait Islander participation in decision-making
Aboriginal and Torres Strait Islander families, kinship groups, representative organisations
and communities are to be given the opportunity, by means approved by the Minister, to
participate in decisions made concerning the placement of their children and young persons
and in other significant decisions made under this Act that concern their children and young
persons.
13. Aboriginal and Torres Strait Islander Child and Young Person Placement
Principles
(1) The general order for placement
Subject to the objects in section 8 and the principles in section 9, an Aboriginal or Torres
Strait Islander child or young person who needs to be placed in out-of-home care is to be
placed with:
(a) a member of the child's or young person's extended family or kinship group, as
recognised by the Aboriginal or Torres Strait Islander community to which the child or
young person belongs, or
(b) if it is not practicable for the child or young person to be placed in accordance with
paragraph (a) or it would not be in the best interests of the child or young person to be so
placed---a member of the Aboriginal or Torres Strait Islander community to which the
child or young person belongs, or
(c) if it is not practicable for the child or young person to be placed in accordance with
paragraph (a) or (b) or it would not be in the best interests of the child or young person to
be so placed---a member of some other Aboriginal or Torres Strait Islander family
residing in the vicinity of the child's or young person's usual place of residence, or
(d) if it is not practicable for the child or young person to be placed in accordance with
paragraph (a), (b) or (c) or it would be detrimental to the safety, welfare and well-being of
the child or young person to be so placed---a suitable person approved by the DirectorGeneral after consultation with:
(i) members of the child's or young person's extended family or kinship group, as
recognised by the Aboriginal or Torres Strait Islander community to which the child or
young person belongs, and
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 2a
(ii) such Aboriginal or Torres Strait Islander welfare organisations as are appropriate to
the child or young person.
(2) Relevance of self-identification and expressed wishes of child or young person
In determining where a child or young person is to be placed, account is to be taken of
whether the child or young person identifies as an Aboriginal or Torres Strait Islander and the
expressed wishes of the child or young person.
(3) Child or young person with parents from different Aboriginal or Torres Strait
Islander communities
If a child or young person has parents from different Aboriginal or Torres Strait Islander
communities, the order for placement established by paragraphs (a), (b), (c) and (d) of
subsection (1) applies, but the choice of a member or person referred to in those paragraphs is
to be made so that the best interests of the child or young person will be served having regard
to the principles of this Act.
(4) Child or young person with one Aboriginal or Torres Strait Islander parent and one
non-Aboriginal and Torres Strait Islander parent
If a child or young person has one Aboriginal or Torres Strait Islander parent and one nonAboriginal and Torres Strait Islander parent, the child or young person may be placed with the
person with whom the best interests of the child or young person will be served having regard
to the principles of this Act.
(5) If a child or young person to whom subsection (4) applies:
(a) is placed with a person who is not within an Aboriginal or Torres Strait Islander
family or community, arrangements must be made to ensure that the child or young
person has the opportunity for continuing contact with his or her Aboriginal or Torres
Strait Islander family, community and culture, or
(b) is placed with a person who is within an Aboriginal or Torres Strait Islander family or
community, arrangements must be made to ensure that the child or young person has the
opportunity for continuing contact with his or her non-Aboriginal and Torres Strait
Islander family, community and culture.
(6) Placement of child or young person in care of person who is not an Aboriginal or
Torres Strait Islander
The following principles are to determine the choice of a carer if an Aboriginal or Torres
Strait Islander child or young person is placed with a carer who is not an Aboriginal or Torres
Strait Islander:
(a) Subject to the best interests of the child or young person, a fundamental objective is to
be the reunion of the child or young person with his or her family or Aboriginal or Torres
Strait Islander community.
(b) Continuing contact must be ensured between the child or young person and his or her
Aboriginal or Torres Strait Islander family, community and culture.
These principles are subject to subsection (2).
(7) Exceptions: emergency placements and placements of short duration
Subsection (1) does not apply to:
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 2a
(a) an emergency placement made to protect a child or young person from serious risk of
immediate harm, or
(b) a placement for a duration of less than 2 weeks.
(8) Where an emergency placement is made to protect an Aboriginal or Torres Strait Islander
child or young person from serious risk of immediate harm, the Director-General must consult
with the appropriate Aboriginal or Torres Strait Islander community as soon as practicable
after the safety of the child or young person has been secured.
Note.
In the course of any consultation under this Part, the Director-General must
have regard to the right of Aboriginal or Torres Strait Islander children and
young persons and their families to confidentiality.
14. Records relating to Aboriginals and Torres Strait Islanders
(1) All records made within the Department relating to the placement in out-of-home care of
Aboriginal and Torres Strait Islander children and young persons are to be kept permanently.
(2) If an Aboriginal or Torres Strait Islander child or young person has been placed in out-ofhome care:
(a) the child or young person, and
(b) a birth or adoptive parent of the child or young person, and
(c) a person authorised in writing by the child, young person or parent,
is entitled to have access, in accordance with the regulations, to all records kept by the
Department that relate to the placement.
(3) The identity of a person who made any such record, or information from which the
identity of that person could be deduced, must not, so far as practicable, be disclosed to any
person, except with the consent of the person who made the report.
(4) Subsection (2) does not confer a right or entitlement to information that is subject to the
Adoption Information Act 1990.
(5) The regulations may make provision for or with respect to the keeping of and access to
records to which this section applies.
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Authorised Clinician Handbook
Appendix 2b
GUIDELINES WHEN ASSESSING
INDIGENOUS CLIENTS
The following guidelines for Authorised Clinicians regarding interpersonal
communication, assessment, and psychological testing with indigenous clients has been
adapted from the Australian Psychological Society’s (APS) Guidelines for the Provision
of Psychological Services for and the Conduct of Psychological Research with Aboriginal
and Torres Straight Islander People of Australia (1997).
Interpersonal Communication
• Authorised Clinicians should be aware of the cultural use of questioning as a method
of information acquisition;
• Authorised Clinicians should be aware of respectful behaviour, particularly as it affects
intergenerational communication;
• Authorised Clinicians should be aware of the importance of Elders and land
custodians;
• Authorised Clinicians should be aware of the use of personal names, including taboos
associated with their names;
• Authorised Clinicians should be aware of non-verbal communication styles, including
eye contact or non-contact, ways of expressing emotion, and posture;
• Authorised Clinicians should be aware of public displays and other behaviours that
are likely to result in feelings of embarrassment and shame.
• Authorised Clinicians should use appropriate titles for reference to people of
indigenous and non-indigenous descent;
• Authorised Clinicians should use appropriate forms of greeting and leave taking with
indigenous clients;
• Authorised Clinicians should be aware of gender differences in interpersonal
communication, particularly as they affect communication with persons of the other
gender;
Assessment
• Authorised Clinicians should clearly inform indigenous clients of their client rights, and
the means by which those rights might be safeguarded;
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Appendix 2b
• Authorised Clinicians should be aware of and show due acknowledgment of and
respect for the value systems and authority structures operating in the indigenous
communities that the client/s belongs to;
• Authorised Clinicians should use an appropriate language medium with which
indigenous clients feel comfortable;
• Authorised Clinicians should be aware of the socio-political issues that may adversely
affect the effectiveness of the assessment provided;
• Authorised Clinicians should be aware of the impact of their own beliefs, stereotypes
and communication styles on their interpretation of the behaviour of indigenous
clients;
• Authorised Clinicians should document in their records and reports those cultural,
linguistic and other social factors that might be relevant to conducting an assessment
for an indigenous client.
Psychological Testing
• Authorised Clinicians should have a sound understanding of any tests used including
limits to its use with indigenous clients. Limits on test interpretation should also be
noted when the reliability and validity of test results for indigenous clients are
considered;
• Authorised Clinicians should be aware of the extent to which the test to be used has
already been used with indigenous people and of any problems arising out of its
usage with those test takers. The relative benefits of the test, other similar available
test, and other methods of assessment should be considered prior to the test’s
administration;
• Authorised Clinicians should incorporate into the informed consent procedures a
clearly worded explanation of the testing procedures to be used;
• Where an AC considers that they are lacking sufficient background cultural
knowledge about the issues under investigation or about the test performance itself,
the AC should take all reasonable measures to obtain that information, being mindful
of their ethical obligations to the client;
• Authorised Clinicians should address uncertainties regarding the appropriateness of
questioning prior to testing through consultation with indigenous workers or other
clinicians with relevant, prior experience;
• Authorised Clinicians should not rely solely on test results. Particular caution should
be exercised where tests have not been extensively tried with indigenous people and
where test norms for those indigenous populations are non-existent;
• In all circumstances Authorised Clinicians should ensure that test results are
combined with other forms of assessment and with the collection of everyday-life
indicators of behaviour, where the latter are available, prior to the interpretation and
use of test results.
Authorised Clinician Handbook
- 34 Form No. GUI.006
Authorised Clinician Handbook
Appendix 2c
Sydney Children’s Hospitals
Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257
PARRAMATTA
GUIDELINES FOR WORKING WITH
ABORIGINAL PEOPLE
Aboriginal groups are diverse in themselves, however there are common threads
that run through the history and current circumstances of Aboriginal people
that allow the following general guidelines on communication and families.
Communication
It is important in communicating effectively with Aboriginal people, to have an
understanding that the words and actions of people from Aboriginal communities can
differ from that of other Australians. There are at times misunderstandings between
people of different racial groups and Aboriginal people. This is often due to people
interpreting the words and actions of Aboriginal people in terms of their own
understanding and assuming that these are shared.
The most common communication issues (and some suggestions) are as follows:
Eye Contact - Direct eye contact can often make Aboriginal people feel uncomfortable
or intimidated. Accordingly, eye contact may not be pronounced. However this is not to
suggest that all eye contact should be avoided.
Plain Talk - is usually the best way to communicate with Aboriginal people as complex
words can leave a feeling of being ‘lost’. It is also preferable to be clear about the
information you are seeking.
Leading Questions - At times Aboriginal people will give the response they think the
questioner may want to hear. This is called “gratuitous concurrence” and is a strategy that
can be adopted to get out of uncomfortable situations.
Yes - does not always mean ‘yes’ as a direct answer to a question. Often ‘yes’ is a way in
which Aboriginal people express an observation.
Quiet Time - is used to think through a situation or answer. A pause does not reflect
avoidance or arrogance.
Family Business - often involves the whole family, children are rarely excluded.
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Authorised Clinician Handbook
Appendix 2c
Laughter - may often be used as a coping strategy, it’s usually a case of laughing at, or
with oneself.
Shyness - is very common among Aboriginal people who use it as a means to build a
‘silent trust’. Once these barriers have been broken you will often find a genuine
openness. It is important to allow time for a more trusting relationship to develop.
Language - There may be different understandings to various words. The ‘wrong’ word
can often offend. If you feel you may have inadvertently caused offence, it is appropriate
to check to see if this has occurred.
Time Association- Often Aboriginal people associate occurrences with events or
occasions rather than with linear time. Therefore they should not be pushed to give
specific times and numbers but to use a point of reference they are comfortable with.
Brevity - in Aboriginal culture value is placed on brevity of reply.
Illiteracy - some Aboriginal people may not read or write so consider how the
information being presented is received.
In communicating effectively with Aboriginal people, the ability to transmit warmth,
interest and understanding while still being responsible, business-like and systematic will
prove more successful then aloofness through maintaining professional distance.
Families
There are some characteristics, which could be said to be more typically apparent when
working with Aboriginal families:
• Families may have several adults living in a household, all of whom share
responsibility for the child.
• Aboriginal relations are not often graded by degrees such as first cousin, second cousin
etc. but just cousins who are all close. Some cousins are regarded as aunt or uncle or
may not be as close as brothers.
• It is more usual for an Aboriginal child to touch an adult to communicate a need rather
than to verbalise what they need.
• Sharing of possessions such as money, toys or food is common.
• Children will be more prepared to co-operate or undertake a task out of a desire to
please you rather responding to your role.
• Formal situations are likely to stress the child and not indicate their real capacities.
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Authorised Clinician Handbook
Appendix 2c
Children
In seeking to put an Aboriginal child at their ease, it would be appropriate to consider:
• Is the physical environment culturally friendly? Are there Aboriginal posters on the
wall, are the toys such as dolls and videos culturally appropriate?
• Is the child clear that you are supportive of them, including their culture?
• Because skills are taught through repetition, not verbal instruction, a more ‘hands on’
approach would be appropriate.
Furthermore it is important to ensure that in working with Aboriginal children and their
families, that relevant legislation and protocols are adhered to.
Each Aboriginal family has its own particular history and stories. Recognising this will
assist you to both understand and put the child at ease.
Form No. GUI.007
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 3b
ASSESSMENT ORDER
Children and Young Persons (Care and Protection) Act 1998 Sections 53, 54 & 55
CHILD(REN)/YOUNG PERSON(S)
Child/Young Person
Child/Young Person
Child/Young
Child/Young Person
Child/Young Person
Child/Young
Name of child(ren)/
young person(s):
Date of birth:
Name of child(ren)/
young person(s):
Date of birth:
ORDER DETAILS
Date of order:
Place of order:
1. The Children’s Court orders an Assessment Report in this/these matter(s) of the following person(s)
(a) an assessment of the Child(ren)/Young Person(s) and/or
(b) the parenting capacity of (specify name(s)):
2. The following issues are to be addressed by the Assessment Report:
(Record IN DETAIL the issues as specified by the Magistrate):
3. The Children’s Court has appointed:
• the Children’s Court Clinic; or
• Other(s) (please
specify):
to prepare and submit the required Assessment Report.
4. The Assessment Report is to be filed with the Court
on or before:
5. The matter has been adjourned to (Court, date & time)
…….………………………
Registrar
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 3b
IN THE CHILDREN’S COURT
OF NEW SOUTH WALES
AT
FILE NO(S).
IN THE MATTER(S) OF:
(Name of child(ren)/young person(s) and D.O.B.)
NOTICE OF AN ASSESSMENT ORDER
Children and Young Persons (Care and Protection) Act, 1998
Rule 34
CHILD(REN)/YOUNG PERSON(S)
Child/Young Person
Child/Young Person
No
Yes (Attach details or
a copy of order)
No
Yes (Attach details or
a copy of order)
Child/Young Person
Child/Young Person
No
Yes (Attach details or
a copy of order)
No
Yes (Attach details or
a copy of order)
Child/Young
Name of child(ren)/
young person(s):
Date of birth:
Address of child/young person:
Name of Solicitor:
Address of Solicitor:
Telephone number of Solicitor:
Fax number of Solicitor:
Aboriginal/Torres Strait Islander
principles apply? Y/N
Are there any Family. Law, Care or
Apprehended Violence Orders
affecting this Child/young person
?
Name of child(ren)/
young person(s):
No
Yes (Attach
details or a
copy of order)
Child/Young
Person
Date of birth:
Address of child/young person:
Name of Solicitor:
Address of Solicitor:
Telephone number of Solicitor:
Fax number of Solicitor:
Aboriginal/Torres Strait Islander
principles apply? Y/N
Are there any Family. Law, Care or
Apprehended Violence Orders
affecting this Child/young person
?
APPLICANT
Phone No.
Name of Applicant for Assessment
Order
Authorised Clinician Handbook
- 39 -
No
Yes (Attach
details or a
copy of order)
Authorised Clinician Handbook
Appendix 3b
DEPARTMENT OF HUMAN SERVICES (COMMUNITY SERVICES)
Phone No.
Name of Director General’s
Delegate:
Address of CSC:
Name of Solicitor:
Fax No.
Phone No.
Fax No.
Address of Solicitor:
MOTHER
Phone No.
Name of mother:
Address of mother:
Name of Solicitor:
Phone No.
Fax No.
Address of Solicitor:
FATHER
Phone No.
Name of father:
Address of father:
Name of Solicitor:
Phone No.
Fax No.
Address of Solicitor:
OTHER PARTIES
Name of other party:
Address:
Telephone numbers:
Position or relationship
to child/young person:
Name of Solicitor:
Address of Solicitor:
Telephone Number:
Fax Number:
ORDER DETAILS
Date Order made:
Date Assessment Report
to be filed with the Court:
Next Court Date:
The Children’s Court has made an assessment order and has appointed:
the Children’s Court Clinic; or
Other(s) (Please specify):………………………………………….
to prepare and submit the required Assessment Report. Attached is a copy of the Assessment
Order.
Registrar
Children’s Court at:
Date:
NOTE: Form 5C “Assessment Order” MUST be attached to this Notice.
NOTICE TO ASSESSMENT REPORT WRITER The addresses of the parties are confidential and
are not to be disclosed without the consent of that party.
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 4
Sydney Children’s Hospitals Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Parramatta NSW 2145
DX8257 PARRAMATTA
REFERRAL TO AUTHORISED CLINICIAN
CONFIDENTIAL – The attached documents are not to be used or released for any other
purpose, or disclosed to any other persons without the approval of the Children’s Court Clinic
Authorised Clinician:…………………………………………………………….………………….
CHILD/YOUNG PERSON
Age
CCC File No.
Report Category: …………………………………………………………………………………….
Case characteristics: S.53
S.54
ATSI
AVO
Interpreter
(……………….……… )
Please address the issues requested by the court. Please also ensure that the report
is sent to the Clinic by the due date below.
Additional Information:.……………………………………………………………………….….…
…………………………………………………………………………………………….……………..
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
Date Report due at clinic:………/………/………
Signature: …………..……………………. Referral Date: ……/……/……
Mark Allerton
Director Children’s Court Clinic
Authorised Clinician Handbook
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Form No. ACS.001PTA
Authorised Clinician Handbook
Appendix 5
Sydney Children’s Hospitals Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
REQUEST FOR CLIENT TRAVEL ASSISTANCE
URGENT ATTENTION REQUIRED
Community Services Centre:…………………………………………………………
Fax:……………………………………………………………Date:……………………….………
Manager Casework:
CLIENT
D.O.B.
CCC FILE NO.
Name of Authorised Clinician:………………………………………………………………………
Place of Assessment:………………………………………………………………………………..
Time:……………….………………………………………………………………………………..
Signed:………………………………………………………………………………………………
Authorised Clinician
Telephone:………………………………….. Fax:………………….……………………………..
Email:………………….……………………………………………………………………………
[ ] APPROVED
[ ] DECLINED
Name:…………………………………….
Signature:………………………………
Position:…………………………………..
Date:……………………………………
Form No. ACS.008
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 6
Sydney Children’s Hospitals
Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
REQUEST FOR INTERPRETER SERVICE
The Community Relations Commission For a Multicultural NSW (CRC) introduced a new
way of booking an interpreter through electronic request rather than faxing. You can
now book interpreter requests directly into LanguageLink.
In order to gain entry to LanguageLink, you will need to have access to a PC with
internet connection. The clinic will provide the Authorised Clinicians with the Username
and the Password.
Your LanguageLink login and password must not be disclosed to anyone who is not
authorised to access the system.
When making an interpreter booking, you would notice that the ‘contact details’ fields are
blank. Please enter your details (the person making the booking) including the email
address field (currently defaults to childrens_court_clinic@agd.nsw.gov.au) to enable
interpreter confirmation advice slip to be automatically emailed to the clinic.
To log into LanguageLink
1. Enter www.crclanguagelink.com.au in your internet browser.
2. Enter your ‘User Name’ and ‘Password’ in the login menu on the right hand side.
3. Click on the Login button.
4. After a successful login, you will see the Main Page with the Menu box on the left
hand side.
5. Click on any option on the Menu i.e. Interpreting Booking to view/start transactions in
LanguageLink.
LanguageLink only allows 2 concurrent logon sessions. The message may have come
up if:
• More than 2 people from the Children’s Court Clinic is using the system at the
time or
• Previous users did not logout their session in LanguageLink, by clicking on
‘Logout’ button
You will be allowed to login by simply clicking on ‘Clear my sessions’ button. Please
remember to click on the ‘Logout’ button when you are finished working inside
LanguageLink to tell the system that you have ended your session.
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 6
10.3 Questions and answers
Is it possible to check past assignments that we have booked in LanguageLink
Yes. You may do this by using the Interpreting Search function.
How long does an assignment stay in the Active List?
Assignments will start to appear on your Active List a couple of minutes after you have
submitted an Interpreter booking.
It will disappear from the clinic’s Active List 1 day after the assignment date or when
assignment has been cancelled.
How do I request cancellation or amendment of an assignment that I previously
booked in LanguageLink?
You may request cancellation or amendment of an assignment by clicking on
‘Amend/Cancel button of the assignment on Active List.
All the information to an assignment, including allocation of interpreter and cancellation,
can be viewed by opening the assignment’s details page.
We did not receive an email notifying us that an assignment has been
cancelled or that the job has been allocated to an interpreter.
The LanguageLink system has a facility to automatically send out an email notification
(to the clinic) for the following instances:
• Once an assignment has been allocated and confirmed with an interpreter.
• Once an assignment has been cancelled in LanguageLink
The clinic will advise the Authorised Clinician if LanguageLink is unable to supply an on
site Interpreter.
Alternatively you can use a telephone interpreter through the Translating and
Interpreting Service (TIS) Telephone: 131 450
1. You may need to use a Telephone Interpreter in some instances – such as
where you need to contact the client/family in order to make the initial
arrangements for the assessment. In this instance you will need to use the
Telephone Interpreter Service – Department of Immigration and Multicultural
Affairs on telephone number; 131450. You will need to quote the Children’s
Court Clinic Client Code Number; C366061.
2. Send a copy of the signed invoice to the Children’s Court Clinic when you send
in your Assessment Report. (this is a small yellow form that the interpreter gives
you at the interview and is signed by the Interpreter)
3. Contact the Project Officer if there are any difficulties in relation to securing an
interpreter
Form No. GUI.001
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 7
Sydney Children’s Hospitals
Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
NIL REPORT
CONFIDENTIAL –This document is not to be used or released for any other purpose or disclosed to
any other persons without the approval of the Court
Name of Child(ren) / Young Person(s)
Date(s) of Birth
Date Report Required at Court:……………………………………………..
Reason for Nil Report: ………………………………………………………………………………………..
…………………………………………………………………………………………………………………….
IN SUBMITTING THIS NIL REPORT, THE CHILDREN’S COURT CLINIC REGARDS
ITS INVOLVEMENT IN THE ABOVE ASSESSMENT ORDER AS COMPLETE
THE CHILDREN’S COURT CLINIC WILL NOT ATTEMPT ANY FURTHER
ASSESSMENT, OR TAKE ANY FURTHER ACTION IN THE ABOVE NAMED
MATTER, UNLESS A NEW ASSESSMENT ORDER IS MADE.
Authorised Clinician: …………………………………………….
Signature:……………………………………………………….…Date: …………………………..
Director (CCC): …………………………………………………..Date: …………..………………
Signature:………………………………………………………….Date:…..……………………….
Form No. COU.008
Authorised Clinician Handbook
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Authorised Clinician Handbook
Appendix 8
Sydney Children’s Hospitals
Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
LIMITED CONFIDENTIALITY IN ASSESSMENTS
The author of a report must at the beginning of any interview being conducted by him or
her in the course of preparing the report inform the person being interviewed that any
information that he or she gives may be included in the report.
CHILD____________________________ Signature……………………………………….
(over age 10)
CHILD____________________________ Signature……………………………………….
(over age 10)
FATHER ___________________________ Signature……………………………………….
MOTHER___________________________ Signature……………………………………….
OTHER_____________________________ Signature………………………………………
OTHER_____________________________ Signature………………………………………
OTHER_____________________________ Signature………………………………………
AUTHORISED CLINICIAN:____________________________
Authorised Clinician’s Signature:.……………………………………
Date: ………………………
Form No. ACS.006
Authorised Clinician Handbook
- 46 -
Authorised Clinician Handbook
Appendix 9
Sydney Children’s Hospitals Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
CONFIDENTIALITY NOTICE
(Note: This form must be signed and attached to the Assessment Report when submitted)
It is the practice of the court to release the assessment report to all parties unless there
are exceptional circumstances.
In my view there are no exceptional circumstances which should restrict the release of
the assessment report or any part thereof to all the parties;
In my view there are exceptional circumstances, which should restrict the release of
this assessment report or part thereof.
The reasons for this view are as follows:
………………………………………………………………………………………………..………
…………………………………………………………………………………………..……………
…………………………………………………………………
Child/Children’s Name(s) print:……………………………………………………………………
……………………………………………………………………………………………………….
Authorised Clinician’s Name (print)…………………………………………………......………...
Authorised Clinician’s Signature:…..………………………………………………………………
Date:…/… /….
FOR JUDGE or MAGISTRATE’S USE:
I order that this report may be made available to:
[ ] All parties and legal representatives; or
[ ] All legal representatives only;
[ ] The Mother
[ ] The Father
[ ] The Mother’s Legal Representative
[ ] The Father’s Legal Representative
[ ] The Child
[ ] CS Legal Representative
[ ] The Child’s Legal Representative
[ ] Other:………………..
Judicial Officer: …………………………………………………..Date: …………………………
Authorised Clinician Handbook
- 47 -
Form No. ACS.005
Appendix 10
Sydney Children’s Hospitals Network
Parramatta Children’s Court
2 George St
Parramatta
Locked Bag 4001
Westmead NSW 2145
DX8257 PARRAMATTA
ASSESSMENT REPORT – CLIENT AND CLINICIAN DETAILS
CONFIDENTIAL - Not to be used or released for any other purpose or disclosed to
any other persons without the approval of the court
Court:
CHILD/YOUNG PERSON
Date of Birth
Age
CCC FILE NO.
(Years)
Report prepared by:
Signature: …………………………………………………… Date: …/…/...
Email: childrens_court_clinic@agd.nsw.gov.au
Fax: 02 8688 1520
48
CHILDREN'S COURT CLINIC - CONFIDENTIALITY NOTICE
CHILD/YOUNG PERSON
Date of Birth
Age
(Years)
(Note: This form must be signed and attached to the Assessment Report when submitted)
It is the practice of the court to release the assessment report to all parties unless
there are exceptional circumstances.
[ ]
In my view there are no exceptional circumstances which should restrict the release of
the assessment report or any part thereof to all the parties;
[ ]
In my view there are exceptional circumstances, which should restrict the release of this
assessment report or part thereof.
The reasons for this view are:
Authorised Clinician’s Name:
Authorised Clinician’s Signature: …..…………………………………Date: …/…../….
FOR CHILDREN’S MAGISTRATE or JUDGE’S USE:
I order that this report may be made available to:
[ ] All parties and legal representatives; or
[ ] All legal representatives only
[ ] The mother
[ ] The father
[ ] The mother’s legal representative
[ ] The father’s legal representative
[ ] The child
[ ] Community Services legal representative
[ ] The child’s legal representative
[ ] Other:
Judicial Officer: ……………………………………………………..Date: …/…../….
49
CHILDREN'S COURT CLINIC ASSESSMENT REPORT
CONFIDENTIAL: Not to be used or released for any other purpose or disclosed to any other
persons without the approval of the court
CHILD/YOUNG PERSON
Date of Birth
Age (Years)
Assessment Order/Referral Details
…………. were referred for evaluation pursuant to an Assessment Order dated …………..made
at ……………. Children’s Court, under s53 and s54 of the Children and Young Persons (Care
and Protection) Act 1998, relating to the “care of the child/young person and to a person (or
persons) with parental responsibility or seeking parental responsibility for the children to carry
out that parental responsibility”.
Issues to be addressed
The issues to be addressed as stated in the Assessment Order are as follows:
1.
2.
3.
Declaration
At the beginning of each interview, all parties to the assessment aged ten years and over gave
the Authorised Clinician written valid consent, having been informed of the nature, purpose and
process of the assessment, and also that any information given in the interview or assessment
may be included in the report to be sent to court. I have read and agree to be bound by the
Uniform Civil Procedure Rules 2005 Schedule 7 Expert Witness Code of Conduct.
50
Sources of Information
In undertaking this assessment report the documents listed below were perused:
1.
2.
3.
Assessment Contacts
The following contacts were made to arrange this assessment:
1.
2.
3.
Assessment Process, Clinical Interviews and Observations
The clinical interviews and assessment procedures undertaken in relation to this assessment
report are detailed below:
1.
2.
3.
Relevant Family Background Information
Clinical Findings
Observations /Interviews with Parents/ Carers
Adult Test Results (if any)
Observations /Interviews with Children
Child Test Results (if any)
Contact visit observations
51
Collateral sources of information
Formulation/ Summary
Recommendations
1.
2.
3.
(Signed)
Authorised Clinician
Note: I am available for attendance at court on (days of the week)….
Authorised Clinician’s Curriculum Vitae
52
Appendix 11
CHECKLIST FOR SUBMISSION OF ASSESSMENT REPORTS
For AC’s use only - not to be included with the report
Before sending your assessment report, please check you have included the following:
[ ] Client and Clinician Details cover sheet (completed and signed by the AC)
[ ] Confidentiality Notice form (completed by AC)
[ ] Limited Confidentiality in Assessments form (signed by the client/s).
[ ] Brief CV (as attachment to report)
[ ] Tax Invoice form (completed by the AC).
[ ] Clinical Survey Form (not currently required)
[ ] Other relevant paperwork/receipts (e.g.: interpreter and travel receipts).
Send all Authorised Clinician’s reports by email (preferable), registered post, or facsimile.
Email
childrens_court_clinic@agd.nsw.gov.au
Post
Client Services Manager
Children’s Court Clinic
Sydney Children’s Hospitals Network
Locked Bag 4001
Westmead NSW 2145
Fax:
02 8688 1520
Enquiries
Client Services Manager on 8688 1515
53
Appendix 12
SCALE OF FEES
Assessment Report payments are based on a rate of $140 per hour. This covers document perusal,
consultations as appropriate with children, family members and other relevant parties, and report writeup. Until a new basis for payment has been determined, these fees are open to negotiation if more
than two adults are to be assessed, the file of documents is agreed to be excessive, and/or if it is
agreed the assessment is particularly complex. The report categories are defined below:
Category One: one child, based on 10 hours clinical work.
Category Two: two children, based on 11 hours clinical work.
Category Three: three or more children, based on 13 hours clinical work.
Category Four (File Review and Synthesis Report): based on 5 hours clinical work.
Category Five (Update Report): consideration and comments on additional information without
further contact with the client. These are usually no more than 2 or 3 pages.
Category Six (Criminal Jurisdiction): reports completed in the Children’s Court Criminal Jurisdiction
and focusing on one child or young person, based on 8 hours clinical work.
Nil Report: if an assessment does not proceed, for example because a client does not attend an
agreed appointment that has been reconfirmed beforehand, an Authorised Clinician may complete a
Nil Report (see AC Handbook s.3.9). Discussion with the Director is encouraged.
Travel - These fees are inclusive of one hour’s travel. For more distant assessments an additional fee
of $80.00 per hour (less one hour), plus fares, overnight accommodation and meals may be paid
following prior agreement with the Director.
GST - the total fee paid per report is inclusive of GST.
Following is a list itemising the scale of fees for each category of report, plus GST.
Scale of Fees plus GST
Category
1
2
3
4 (File review)
5 (Update)
6 (Criminal)
Nil Report
Fee
$1400 +
$1540 +
$1820 +
$700 +
$420 +
$1120 +
$350 +
GST
$140
$154
$182
$70
$42
$112
$35
54
Total
$1,540
$1,694
$2,002
$770
$462
$1,232
$385
Appendix 13
Children’s Court Clinic
Children’s Hospital Westmead
Locked Bag 4001
WESTMEAD 2145
Assessments: Please either fax this invoice to 8688 1520 or scan and send it to the
clinic by email as an attachment with your assessment.
Court/ADR Attendance: Please attach a copy of the Notice to Appear in Court/ADR
to this invoice, and either post or fax it to the Care Registrar of the relevant court.
We recommend that you retain a copy of this invoice for your records. If you have
any queries in relation to the use of this form, please contact the Client Service
Manager on 8688 1530.
TAX INVOICE NO:
C3 Req. No.:
C3 PO No.:
Authorised Clinician’s
Name
Payment Name
(The name that will
appear on the cheque)
ABN
Payment Address
Suburb:
NSW
Postcode:
Note: Payments will be processed on the basis of this form only. Please send only one invoice for each report/court/ADR
appearance. Failure to complete all sections may cause delays in processing and/or the invoice may be returned for completion..
Client Surname
CCC Client File No/s:
Details
Amount ($)
GST ($)
Subtotal ($)
Assessment Report*
Court Appearance (3 hrs plus $140.00/hr additional)**
Court Appearance Reading Time [
] hrs @ $140.00/hr
Alternate Dispute Resolution Attendance (3 hrs plus $140.00/hr additional)**
Travel Hours Claimed [
] hrs @ $80.00 per hour***
Fares/Accommodation/Meals*
*Copies of Director's approval and receipts attached
** Copies of Notice to Attend and receipts attached
Totals
*** For assessment reports only: deduct one hour.
I hereby declare that I undertook the above report/court/ADR attendance myself.
Signature of Authorised
Clinician
Date
OFFICE USE ONLY
Section 12 Expenditure Approval:
Signature: ______________________________________
Mark Allerton, Director, Children’s Court Clinic
Date:
Cost Code:
__________________________________________
Certified Correct Under Section 13 of the Public Finance and Audit Act, 1983:
Authorisation Checks:
Checked for double payment____________________________________
Category
Marked off against Authority and/or Order__________________________
Travel
Appropriation correct and funds are available_______________________
Accommodation
Checked for discounts allowed__________________________________
Performance of service________________________________________
______________(CSM)
Rates of charge______________________________________________
Computations and costings_____________________________________
(To be certified by Court Registrar/ Children’s Court Clinic Authorised Officer)
55
____________________
Payment authorised under S. 13
of PF&A Act
Authorised Clinician Handbook
Appendix 14
Policy and Procedures for the Resolution of Client
Complaints
1)
Policy statement
1.1 The Children’s Court Clinic is committed to providing skilled assessment
services to client/s and to the provision of quality assessment reports to
the Children’s Court. The purpose of this policy is to ensure an open
process and structure for resolving complaints and to identify and
address problems in service provision. The Children’s Court Clinic will
consider all complaints and attempt to resolve them in the most
appropriate way according to the presenting issue.
2)
Aims of the Procedures
2.1
To inform all clinicians undertaking assessments and reports through the
Children’s Court Clinic that the clinic respects the rights of clients and
stakeholders to make complaints.
2.2
To promote the rights of clients to assessment procedures conducted in
a respectful and professional manner.
2.3
To ensure the quality and high standard of reports provided to the
Children’s Court.
2.4
To ensure the provision of suitably professional services undertaken
through the Authorised Clinician (Children’s Court Clinic) Scheme.
2.5
To inform Authorised Clinicians of their rights and the procedures for the
investigation of complaints.
2.6
To ensure that complaints are investigated and resolved promptly and
fairly.
2.7
To use complaints as a means of identifying areas of service which
require improvement.
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Authorised Clinician Handbook
3)
Appendix 14
Scope of the Policy
3.1
This complaints policy and procedures relates to:
(a) Services and reports provided by Authorised Clinicians
(Children’s Court Clinic) appointed by the Director, Children's
Court Clinic;
(b) Administration of the Children’s Court Clinic.
4)
Awareness of the Policy
4.1
5)
All Authorised Clinicians will be provided with a copy of the policy.
4.2
Copies of the policy will be distributed to:
(a) Staff of the Children’s Court Clinic
(b) The Children’s Court; and
(c) Other relevant stakeholders
Who can make a complaint?
5.1 Several groups are invited to refer matters to the Director where they are
concerned about the nature or content of assessments and reports
under the Authorised Clinician (Children’s Court Clinic) Scheme or other
occasional assessments and reports prepared through the Clinic or the
way the Children’s Court Clinic is administered including:
(a) Client/s or any other persons involved in assessments
conducted
by
Authorised
Clinicians
or
other
agencies/clinicians contracted by the Children’s Court Clinic
to provide an assessment and report;
(b) The legal representatives of clients;
(c) Professionals (i.e. doctors, teachers, Community Services
staff) contacted by the Authorised Clinician during the course
of the assessment;
(d) Support persons or advocates for the client/s such as a
family support worker or disability support service;
(e) Members of the Children’s Court including the Magistrates
and Registrars;
(f) Staff in the Children’s Court Clinic who have become aware
of breaches of policy or procedures.
6)
Nature of a complaint
6.1 Complaints may be made about any aspect of the services provided and
may include areas such as administration, content or quality of reports,
professional misconduct or more serious matters.
6.2 Complaints may range in their scope. For example a complaint about an
assessment report may range from it being tendered late to the Court to
57
Authorised Clinician Handbook
Appendix 14
it containing allegedly inaccurate information, which unfairly biases the
report.
7)
How a complaint is made
7.1 A complaint can be made to the Director (Children’s Court Clinic) or her
delegate either by telephone or in writing. If a complaint is made by
telephone the Director may also request that the complaint be made in
writing and include particulars of the allegations on which the complaint
is founded.
7.2 Assistance will be made available to complainants to prepare a written
complaint if required. An advocate or support person may also assist
with the preparation of a written complaint.
7.3 All complaints will be treated seriously and dealt with professionally and
promptly.
8)
Procedures for Investigating and Resolving Complaints
8.1 The way that a complaint will be investigated and resolved will depend
upon the nature and seriousness of the allegations. All complaints will be
considered and attempts made to resolve them in the most appropriate
way according to the presenting issue.
8.2 Less Serious Matters
Where administrative issues are identified that are not of a serious nature, the
Director or her delegate will contact the Authorised Clinician or person
responsible directly to discuss and resolve the issue. A subsequent letter will
be sent confirming the resolution of the issue and any agreement reached
regarding future matters. If the problem is not satisfactorily resolved or
continues to occur, the Director will write to the person who is the subject of
the complaint asking them to respond in writing with an explanation.
8.3 Serious Matters
The Director may refer matters of a more serious nature to the appropriate
representative on the Professional Advisory Group (PAG) for urgent advice.
The Director or Directors delegate may also write to the person who is the
subject of the complaint informing them of the complaint and requesting that
they respond in writing to the PAG in relation to the complaint.
Action can also include formal referral of the matter for advice to the PAG or
investigation by the appropriate agency eg. Health Care Complaints
Commission, NSW Police, the professional body or the Community Services
Commission.
8.4 Complaints about Assessment Reports
Where an identified problem is in relation to the nature and content of
assessment reports, the Director will refer these reports to the Professional
58
Authorised Clinician Handbook
Appendix 14
Advisory Group for advice. The options for action include inviting the
Authorised Clinician to meet with the panel to discuss the problem or inviting
the Authorised Clinician to respond in writing to the identified problem.
9)
Outcomes
9.1 The above matters can ultimately result in a range of outcomes
dependant upon the content of the complaint. Outcomes may vary from
a telephone discussion and the imparting of information, or a meeting
with the Director to discuss and resolve the issues through to the
suspension of services and notification to the relevant professional body
or to the relevant authorities as required by law.
10)
Notification of Outcomes
10.1 The Authorised Clinician will be informed of the action depending on the
nature of the complaint and the Director may suspend the Authorised
Clinician while complaints are being investigated. The resolution of the
complaint will be recorded and the complainant will also be notified of
any outcomes.
10.2 If the process of resolution of a complaint is lengthy, both the
complainant and the subject of the complaint will be kept informed of
progress.
11)
Rights of the Practitioner
11.1 Authorised Clinicians or other professionals who have provided
assessments and reports submitted through the Clinic to the Court are
entitled to a fair hearing and will be given the opportunity to respond in
full to the complaint. Complaints will be considered in terms of the need
to balance the right of the clients to quality independent assessments
and reports and the right of the clinician to professional independence
and procedural fairness.
12)
Fairness
12.1 The process shall be based on the complainant’s right to (a) Be heard;
(b) Know whether the Children’s Court Clinic’s relevant services
guidelines have been followed;
(c) Provide and request all relevant material to support the complaint;
(d) Be informed of the criteria and processes, including avenues for
further review, applied by the Children’s Court Clinic in dealing with
complaints;
(e) Be informed of the response of the person or persons complained of;
59
Authorised Clinician Handbook
Appendix 14
(f) Be informed of the Children’s Court Clinic’s decision and the reasons
for that decision;
(g) Know the complaint is being reviewed independently where possible;
and
(h) Confidentiality, if requested.
12.2 The person or persons about whom the complaint is made shall have the
right to:
(a) Be provided with sufficient detail about the complainant to enable
that person to properly respond to the complaint;
(b) Place all relevant material before the person investigating the
complaint; and
(c) Be informed of the decision and the reason for the decision.
13)
Frivolous, Vexatious or Malicious Complaints
13.1 If, following proper investigation, it is clear that a complaint is frivolous,
vexatious or malicious, the complainant will be notified that the matter
will not be pursued further, unless the claim can be independently
substantiated or new information is made available.
14)
Legislative requirements
14.1 Under the Ombudsman Amendment (Child Protection and Community
Services) Act 1998 the Director, Children’s Court Clinic is obliged to
notify the Ombudsman if any practitioner is alleged to have abused a
child, or is convicted of child abuse, and that abuse arose during the
course of their work with the Children’s Court Clinic.
15)
Reporting and Review Procedures
15.1 A yearly report on complaints will be tabled at the Children’s Court Clinic
Advisory Committee meeting at which time the Complaints Policy and
Procedures will be reviewed.
(Some information in this policy document has been adapted from Standards
Australia Complaints Handling AS 4269)
60
Authorised Clinician Handbook
Appendix 15
GUIDELINES FOR AUTHORISED CLINICIANS
GIVING EVIDENCE IN COURT
Introduction
In contested care cases, requests will sometimes be made for the attendance at
court of the Authorised Clinician who prepared the assessment report on behalf
of the Children’s Court Clinic. The clinician has special knowledge and skills
based on experience, observations, tests, etc and may be requested to attend
court to give opinion or evidence to clarify any questions that the parties or the
court may have in relation to the assessment report.
The rules relating to the admissibility of expert testimony are the concern of the
legal representatives and the presiding judicial officer. It is unnecessary for the
expert witness to be familiar with the intricacies and nuances of expert testimony.
It is enough to say that the admissibility of expert evidence is predicated on the
existence of knowledge and experience that is beyond that of the ordinary citizen
and is applicable to the matter before the court.
Court Preparation
Request to Attend court
• Attend by court request only
The clinician as expert witness should attend court only at the court’s written
request (Please refer to The Authorised Clinician Expert Witness at Court).
This distinction is significant. A “Notice to Authorised Clinician to Attend Court”
is an Order of the Court that compels the clinician to attend and testify.
The Children's Court Clinic report is taken to be a report of the court, despite
which party applied for the report. The clinician is therefore a court’s witness,
and independent of the contesting parties. The expert is always objective in
his or her evidence. As the clinic has an unequivocally independent role in
care and protection proceedings, this point is very relevant.
DATES FOR ATTENDANCE AT COURT
• Set an appropriate date
Giving evidence as a clinician may be time consuming. All of the parties may
have questions to put to the clinician. The court is aware that expert witnesses
have other duties. Legal representatives are responsible for planning and
61
Authorised Clinician Handbook
Appendix 15
presenting their evidence, including the testimony of witnesses. A clinician
may ask the court to give his or her evidence at a more convenient time, given
competing commitments. It is valuable to arrange a mutually acceptable time
as early as possible.
The court has discretion as to whether any allowances can be made for the
clinician. When a matter is initially set down for hearing, the parties must give
the court an indication of how long a matter is estimated to run. Provision may
be made by the court to interpose a clinician’ evidence amongst other parts of
the hearing.
CLARIFICATION
• Clarify precisely what is expected.
In most cases the court will accept the written Children's Court Clinic report as
the evidence of the clinician. Usually it is a party to the contested proceedings
that will request the attendance of the clinician to give evidence at the
hearing. Children’s Court Practice Directions require that the party seeking to
call the clinician to give evidence must make a written application to the court
containing the reasons why the clinician is required. The court will not make
an order requesting the attendance of the clinician unless it is satisfied that
the attendance of the clinician is required. The court may of its own motion
require the clinician to attend to give further evidence or assistance. Requests
to attend court as an expert witness will begin with an Court Order. There may
be documented questions or issues to be addressed from the assessment
report in the Request to Court for Authorised Clinician to give Evidence.
WHAT TO TAKE
• Take to court that which relates to the matter
Read the “Request to Court for Authorised Clinician to give Evidence”
document to find out what areas of the report are the subject of the request. If
the Notice to Authorised Clinician to Attend Court instructs the witness to
attend in person, always take your notes and the report, files, and other
relevant material. You may also be sent additional information in relation to
the matter before your appearance. Notes or documents prepared at the time
observations were made, have more evidentiary value than those made later
from memory.
CURRICULUM VITAE
• Prepare a current Curriculum Vitae
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Authorised Clinician Handbook
Appendix 15
Opinion or expert testimony is permitted only if the court declares a witness to
be an expert in a specified field. The declaration is made after the witness is
sworn in and before testifying. Education, training, related experience and
current knowledge are essential elements to credibility as an expert witness.
At times the court will automatically accept the credibility of an Authorised
Clinician of the Children’s Court Clinic.
To satisfy the court that the Clinician is an ‘expert witness’ for the purposes of
the case, a written Curriculum Vitae may be handed up to the court or an oral
examination of the witness's credentials may be conducted. Oral examination
is time consuming. A precise and simple written Curriculum Vitae, made
available to counsel before court, may lead to an uncontested declaration of
the witness as an expert. The Curriculum Vitae should include details of
academic training, registration and membership of professional bodies,
employment experiences and publications, presentations or reports relevant
to the opinions to be expressed.
All Authorised Clinicians have been asked to attach a succinct one page (or at
most 2 page) Curriculum Vitae to each assessment report submitted.
FILE AND REPORT REVIEW
• Check your report carefully and review the file and relevant information
A Notice to Authorised Clinician to Attend Court may be received some time
after the written report has been submitted to court. Before attending court,
review the report and your notes that relate to the specific circumstances of
the case to refresh your memory. Attention should be focused on the important
facts and issues to enhance the credibility of your testimony.
Although the Children’s and Young Person’s (Care and Protection) Act 1998
states that children’s care proceedings are to be conducted in a nonadversarial manner, the clinician must expect that a party may seek to test and
challenge his or her opinions and findings, by way of cross-examination.
Errors and inconsistencies, no matter how slight, may be used to attack the
expertise of the clinician and therefore discredit their evidence.
TESTIFYING IN COURT
Language
• Answer questions in plain language
A clinician attends court as an expert witness to express opinions about facts.
Plain language will aid the court to understand interpretations and opinions. It will
persuade the court that the witness understands the subtleties of the profession
without resorting to professional jargon. Jargon may lead to further questioning
63
Authorised Clinician Handbook
Appendix 15
resulting in confusion, further cross-examination and perhaps result in a less
persuasive argument.
Questioning
• Answer only what is asked
Listen to the question being asked. Ensure that you have heard and understood
the question. Be precise and do not offer gratuitous comments. Answer only
what legal representatives, the parties or the court ask, remaining on the point at
hand. If clarification or interpretation is needed, do so as necessary. It is better to
acknowledge lack of expertise in a specific area than to risk misleading
responses. Assume that the evidence and the manner, in which it is presented,
will be assessed for validity and weighed against other evidence.
FACT VERSUS OPINION
• Distinguish between facts and opinions
The prepared expert witness will be objective and base opinions and
interpretations on sound professional knowledge. The quality and hence weight
given to the witness's testimony will depend on credibility. Remember that the
court requires interpretation and understanding of professional opinion. Establish
that your evidence should be taken seriously, and therefore given considerable
weight by the court - it is important to establish that you have collected
information in a thorough manner, to demonstrate that your facts have
corroboration and that you are competent to form an opinion from the information
gathered.
LEGAL ARGUMENT
• Anticipate objections and challenges to questions and answers
Although the Children's Court is not bound by the rules of evidence, the parties
have a right to object to any question asked or answer given. The main
objections raised by counsel to expert testimony may arise because of use of
alleged hearsay evidence, and the need for a proper foundation for the opinions
expressed. When an objection is raised, the clinician should refrain from
speaking until the judicial officer deals with it. The magistrate or judge will instruct
the clinician as to whether or not to answer the question raised. As a witness, the
clinician should not attempt to justify comments whilst an objection is under
consideration.
The clinician is not to respond to an objection, argue about or comment as to
whether or not the evidence should be heard. After an objection is raised, the
court rules on the objection and instructs counsel how to proceed.
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Authorised Clinician Handbook
Appendix 15
SUMMARY
•
•
•
•
•
•
•
•
•
•
Attend by court ordered request only
Set an appropriate date
Clarify precisely what is expected
Take to court that which relates to the matter
Prepare a current Curriculum Vitae (a brief one is always submitted with
the report)
Check your report carefully and review the file and relevant information
Answer questions in plain language
Answer only what is asked
Distinguish between facts and opinions
Anticipate objections and challenges to questions and answers
COURTROOM TACTICS
The skills required to present as a credible witness are not the same as those
necessary for being a competent clinician.
Following are a few tips to assist in the handling of cross-examination under
the rules of the adversarial system:
• Don’t take the legal representatives’ comments personally - In crossexamination, a party or legal representative may put questions that may
seem rude and aggressive. Maintain professional conduct at all times.
Resist reacting in an emotional manner to any badgering, repeated
questions, or attempts to confuse and discredit. Your professionalism and
calmness in the face of these tactics will increase your credibility as an
expert.
• Take your time - If you get a difficult or complicated question, think before
you answer. Take your time to ensure that you have heard the question
and to formulate your answer. Don’t attempt to match the pace of the legal
representative, whose training in the art of advocacy, speaking rapidly and
seemingly without pause, may succeed in forcing you to speak quickly.
This may extract useful errors, undermining your credibility.
Never answer a question you don’t fully understand or are not sure you
understood correctly. Ask for clarification if you do not understand. Be an
expert, and take your time to think. If you think a point needs further
clarification and you want to return to a question, ask permission of the
court.
• Never be afraid to say: “I don’t know” - You may not have the
knowledge or information upon which to answer a particular question, you
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may have a few ideas but not enough to help formulate an adequate
response or recommendation. Alternatively the question may fall outside of
your area of expertise. When you say, “I don’t know the answer to that
question”, say it confidently, with no hint of an apology. You are not
expected to know everything, and your willingness to define the limits of
your expertise will impress the court.
• Use affirmative statements - When asked a question that appears to
require a yes/no type answer, instead try to use “That’s correct” or “That’s
true”.
• Address the judicial officer - Alway address the magistrate or judge as
“Your Honour”.
• Leaving the stand - You must not leave the stand until you have been
excused or permitted by the judicial officer. Once excused, the clinician is
free to leave. The clinician may however, be required to remain for further
cross-examination or return as the court instructs. If the latter occurs and
the clinician has other matters to attend, the clinician may explain this to
the court and ask for another time to attend. The court may or may not
grant this request.
CONCLUSION
Although care proceedings in the Children's Court are not meant to be conducted
in an adversarial manner, and are to be conducted with as little formality and
legal technicality as the circumstances of the case permit, the parties are still
permitted to test the evidence of any witness, expert or lay, by way of crossexamination.
Cross-examination may reveal inconsistencies in assumptions and reasoning,
gaps in knowledge, or systematic bias. An inadequate performance in court can
have implications for the individual clinician’s reputation as well as the matter at
hand. Your standing as an expert witness does not just depend on your clinical
competence. A court will respond to your:
• understanding and adherence to the Expert Witness Code of Conduct,
• focus on independence, and serving the court rather than the interests of
any party,
• demonstration of a clear chain of reasoning through your clinical
assessments and opinions, and
• openness to new opinions should the evidence change.
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Appendix 16
Uniform Civil Procedure Rules 2005 (from Lawlink – legislation in force)
Related information
Does not include amendments by:
Uniform Civil Procedure Rules (Amendment No 19) 2007 (579) (GG No 180 of
7.12.2007, p 9286), Schs 2 and 4 [2] (not commenced — to commence on the
commencement of sec 7 of the Local Court Act 2007)
Schedule 7 Expert witness code of conduct
(Rule 31.23) (cf SCR Schedule K)
1 Application of code
This code of conduct applies to any expert witness engaged or appointed:
(a) to provide an expert’s report for use as evidence in proceedings
or proposed proceedings, or
(b) to give opinion evidence in proceedings or
proposed proceedings.
2 General duty to the court
(1) An expert witness has an overriding duty to assist the court
impartially on matters relevant to the expert witness’s area of
expertise.
(2) An expert witness’s paramount duty is to the court and not to
any party to the proceedings (including the person retaining the
expert witness).
(3) An expert witness is not an advocate for a party.
3 Duty to comply with court’s directions
An expert witness must abide by any direction of the court.
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Appendix 16
4 Duty to work coco-operatively with other
other expert witnesses
An expert witness, when complying with any direction of the court to confer
with another expert witness or to prepare a parties’ expert’s report with another
expert witness in relation to any issue:
(a) must exercise his or her independent, professional judgment in
relation to that issue, and
(b) must endeavour to reach agreement with the other expert
witness on that issue, and
(c) must not act on any instruction or request to withhold or avoid
agreement with the other expert witness.
5 Experts’ reports
(1) An expert’s report must (in the body of the report or in an annexure to it)
include the following:
(a) the expert’s qualifications as an expert on the issue the subject
of the report,
(b) the facts, and assumptions of fact, on which the opinions in the
report are based (a letter of instructions may be annexed),
(c) the expert’s reasons for each opinion expressed,
(d) if applicable, that a particular issue falls outside the expert’s field
of expertise,
(e) any literature or other materials utilised in support of the
opinions,
(f) any examinations, tests or other investigations on which the
expert has relied, including details of the qualifications of the person
who carried them out,
(g) in the case of a report that is lengthy or complex, a brief
summary of the report (to be located at the beginning of the report).
(2) If an expert witness who prepares an expert’s report believes that it may be
incomplete or inaccurate without some qualification, the qualification must be
stated in the report.
(3) If an expert witness considers that his or her opinion is not a concluded
opinion because of insufficient research or insufficient data or for any other
reason, this must be stated when the opinion is expressed.
(4) If an expert witness changes his or her opinion on a material matter after
providing an expert’s report to the party engaging him or her (or that party’s
legal representative), the expert witness must forthwith provide the engaging
party (or that party’s legal representative) with a supplementary report to that
effect containing such of the information referred to in subclause (1) as is
appropriate.
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Appendix 16
6 Experts’ conference
(1) Without limiting clause 3, an expert witness must abide by any direction of
the court:
(a) to confer with any other expert witness, or
(b) to endeavour to reach agreement on any matters in issue, or
(c) to prepare a joint report, specifying matters agreed and matters
not agreed and reasons for any disagreement, or
(d) to base any joint report on specified facts or assumptions of fact.
(2) An expert witness must exercise his or her independent, professional
judgment in relation to such a conference and joint report, and must not act on
any instruction or request to withhold or avoid agreement.
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Appendix 17
ADDITIONAL QUESTIONS IN RELATION
TO AN ASSESSMENT REPORT
1. Additional questions before the assessment report is submitted to the
Court
Children's Court Clinic assessment reports are prepared for the Children’s Court.
They may not be distributed, or their contents made available, to parties to
proceedings or to any other person without the approval of the judicial officer
presiding in the matter.
The Children’s Court Clinic and Authorised Clinicians can only meet requests for
• information relating to the content of an assessment report, or
• a copy of the assessment report
with the court’s consent. To give information away prematurely risks the
independence of the assessment, which may be declared inadmissible if this
requirement is not observed.
2. Additional questions after the assessment report has been submitted to
court.
Additional questions asked for the purpose of clarifying the content of the
assessment report should be put in writing and forwarded to the Children’s Court
Clinic not later than three months after the assessment report is submitted to
court.
2.1
Any additional information sought should relate solely to the
clarification of the content of the report and recommendations made in
the report, and not go beyond the scope of the assessment report.
2.2
Parties wishing to obtain information in relation to the assessment
report must not approach Authorised Clinicians directly, either verbally,
or in writing. The request for additional information needs to be sent to
the clinic either by post (Locked Bag 5114 Parramatta 2124) or fax
(8688 1520).
2.3
The request should contain a clear list of questions relevant to the content
or recommendations of the report (i.e., clarification questions).
2.4
The Children’s Court Clinic will only respond to questions in relation to an
assessment report if it is informed in writing that all other parties have
agreed to the questions being asked.
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Appendix 17
3. Response from the clinic to be in writing and forwarded to the court.
The Director of the Children’s Court Clinic, will consider all requests for questions
to be answered by the Authorised Clinician that are received within three months
of the assessment report being submitted to court.
3.1
If the request is reasonable, the Children’s Court Clinic will forward the
questions to the relevant Authorised Clinician and a written response will
be provided to the requesting party and to the court, which will include:
A copy of the original written request;
A written response from the Authorised Clinician
A Confidentiality Notice
4. Request declined by the Children's Court Clinic
If the request is declined by the Children’s Court Clinic:
• A written response will be prepared within 10 working days; and
• The written response will be sent to the requesting party and to the court.
In situations where the clinic has declined a request for additional information, the
requesting party has a range of options available through the courts.
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Appendix 18
Report Process Flowchart (See Chapter 3)
Assessment Order, Notice of Assessment Order, Application for Assessment
Order and File of Documents received at clinic
Director accepts order?
Yes
No
Negotiate date due back at clinic.
If required, clinic sends delayed
assessment request to court
Referral to most
appropriate AC
Refusal letter
to court
Clients attend appointment?
AC makes
contact with
clients within
72 hrs of
receiving
documents
No…
AC decides
Yes
Nil report
prepared
Appointment
rescheduled
Report
completed
Report, invoice,
survey emailed to
clinic by agreed
date
AC revises report
Director
reviews report
Report is
acceptable
Director reallocates case
and informs court.
New assessment
Report is not
acceptable
Director discusses
concerns with AC
Clinic sends
report to
court
Report is distributed to
parties. CS prepares
care plan
Court
Hearing
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Form No. GUI.004RevSAMA
Authorised Clinician Handbook
Appendix 19
Management of Danger and Stress in Children's Court Clinic Work
As you know, Children's Court Clinic adult clients frequently find these assessments extremely
stressful. It should not be a surprise that people alleged to have abused and neglected their children
may not observe all the social norms. Although they usually want to appear at their best for the
assessment, they may have problems with anger management, impulse control and physical violence.
Some of them may have psychopathic personality traits.
Your physical safety and psychological health depend on your looking after yourself in this work. The
most important person to protect is you; unless you are OK, no-one is going to benefit from your work.
It is better to risk being over-cautious than to find yourself in danger. Here are some suggestions:
Anticipating and Protecting Yourself from Physical Risks
1. Do not base your practice from your home address. Occasionally clients may wish to stalk or
threaten clinicians, even months after an assessment, and you must protect yourself and your
family from such threats. You may, for example, need work-based evacuation and bomb threat
procedures.
2. Don’t provide clients with details of your home address. Consider using a silent phone number
and silent electoral enrolment. You do not need to use a letterhead that includes your address
– make use of the clinic letterhead. If a magistrate asks you for your address in court, you may
say simply that the clinic is based in the NSW Children’s Court, at 2 George St Parramatta. If
the magistrate insists on knowing your personal practice address, explain that you need to
keep it confidential, and ask if you can pass it to him or her on a piece of paper.
3. Read the file carefully, to note dangers from any of the parties. AVOs, histories of threats to
caseworkers, and domestic violence all suggest the possibility of danger.
4. It is also important to be up-to-date with client concerns, whether to do with the current court
matter, or other factors. Contact the CS caseworker to check areas of potential sensitivity.
5. When arranging appointments and commencing interviews with parents, emphasise your
independence, and the fact that you are impartial. You may tell them that ‘I want to give you a
chance to tell the court how the situation looks for you, too. This is your chance to be heard.’
6. Trust your instincts. Don’t remain somewhere you feel is dangerous.
7. If a threat is made, or you have reason to believe you may be in danger, contact the police for
advice.
8. Take precautions:
a. You can call 000 and obtain an Apprehended Violence Order from a local police station.
b. When arranging an assessment in any room, consider the safest place for you to sit should
you need to get away safely. You should be closest to the door. Often a table between you
and a client will help establish a professional, calm atmosphere and a safety barrier.
c. At the Children's Court Clinic in Parramatta, you may use the duress alarm in the
windowless clinic assessment room (IV2), and a portable wireless duress alarm if you are
using either of the other assessment rooms (IV1 or the Conference Room). You can use
this to notify the sheriffs if you feel in danger.
d. You may also request the presence of a sheriff at the clinic if you suspect a potential threat.
A sheriff may wait in the reception area, to help provide all with a sense of reassurance, as
well as to be on hand if necessary.
e. You are welcome to conduct the assessment at a local courthouse, which should have both
a quiet office. Courts also often have sheriffs available to keep an eye on you, and
intervene if necessary. Let the sheriffs know in advance if this may be required.
f. Ensure that Community Services provides an escort it you need to observe a contact visit.
You cannot be both a contact supervisor and a clinic assessor.
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g. If you need to do a home visit, inform someone when and where it is, and when you expect
to return.
h. Take a mobile phone with you.
i. If you are driving, park somewhere easily accessible from the house, and pointing back
home.
9. If rapport appears to be deteriorating in an interview, be alert to the possibility of violence:
a. Note the precursors to violent behaviour (rapid breathing, flushed face, verbal threats, also
jiggling feet, physical tension, strong eye contact, change in tone of voice).
b. “A soft answer turneth away wrath”. Don’t contradict the client, but stay calm. Don’t
attempt to bully the client or act like an authority figure. Violent clients usually feel that they
are just defending themselves.
c. An angry person tends to be paranoid. Do not say or do anything that could be interpreted
as justification for an attack.
d. You can be assertive, and calmly suggest a peaceful resolution to the difficulty. Positive
requests (“Let’s both settle down now”) are going to be more effective than negative
commands (“Don’t shout at me!”).
e. Don’t find yourself trapped. Try to keep near an exit, preferably with furniture between
yourself and the client.
f. Remove yourself from the situation, saying you can return when things have quietened
down.
Anticipating and Protecting Yourself from Psychological Danger
1. Working with children, people with disabilities, and people who have been traumatised puts you
at psychological risk. As an expert in human relations, you are expected to be able to manage
these dangers safely, for your clients, and for yourself.
2. Professional supervision and consultation will strengthen your skills, professional self-esteem
and interpersonal demeanour.
3. Projective identification and countertransference are natural and valuable, but need to be
tracked. Professional support, and possibly counselling, will help if your personal sensitivities
are encroached.
4. Watch what you may inadvertently say about clients – gallows humour or emotive criticisms
may indicate emotional difficulties or unexplored countertransferences.
5. Debrief with someone you can trust.
6. Practise meditation, yoga, Tai Chi or whatever helps you to re-set your emotional thermometer.
Calm begets calm.
7. Physical exercise, particularly aerobic, will strengthen your emotional resilience and help you
manage depressive symptoms.
8. Watch your alcohol use, your driving, and your behaviour towards your partner or children.
9. Overwork, feeling unsupported and feeling overwhelmed by the extent of clients’ needs, can
lead to burnout. A holiday can help you to check if your perspective - on work, life, the
universe, and everything - needs attention.
I look forward to your further suggestions and developments to improve this resource.
Mark Allerton (this version 29/7/9)
10.4 References
Lama, D. and Cutler, H.C., (1998) The Art of Happiness: A Handbook for Living. Adelaide: Hodder.
Wilson, P., (1995) Instant Calm, and Calm at Work. Both by Penguin. Also, see:
http://www.calmcentre.com/1quiet/def/default.asp
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Appendix 20
Procedures For Client Interviews at the Children’s Court Clinic
1)
Booking the Children’s Court Clinic Assessment Room
The Children’s Court Clinic assessment rooms at Parramatta and Broadmeadow are
available for the use of Authorised Clinicians. Bookings can be made by telephoning
the
Office
Manager
on
8688
1530
or
via
email
to
childrens_court_clinic@agd.nsw.gov.au. The rooms are available Monday to Friday
from 9:00 to 1:00 and from 2:00 to 4:00 pm.
Authorised Clinicians may need to make more than one tentative booking in order to
negotiate a suitable date and time with a client, but are requested to confirm the date of
the agreed appointment once they have settled on a date.
The clinic expects that Authorised Clinicians will schedule appointments bearing in
mind the age of the child, with the aim of minimising stress (including the impact of
travel) and disruption of normal feeding, sleeping and other routines. If the child is to be
seen with more than one adult, careful attention should be given to the way in which
the assessment interviews and observation sessions are structured.
2)
Cancellations
The Authorised Clinician must advise the Office Manager or their delegate as early as
possible if the assessment room is no longer required.
3)
Facilities
3.1
Assessment Room and Waiting Area
It is expected that the Authorised Clinician will leave the assessment room and
waiting area in a clean and tidy state, with toys returned to their storage and
waste paper and rubbish in bins. The Authorised Clinician is to inform the Office
Manager or one of the administrative staff when the room has been vacated so
the clinic knows it is available again.
3.2
Equipment
The assessment room and waiting area provide toys and books for client use.
The assessment room contains toys for children of varying ages. Pencils and
paper are also provided for the entertainment of children.
The Authorised Clinician is free to change the configuration of tables and chairs
in the assessment room, but upon leaving the room, must return it to the way it
was found.
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Appendix 20
3.3 Audio-visual equipment
One-way mirrors, and at Parramatta, a closed circuit television, are available to
allow clinicians or other parties to observe a session with minimal disruption to
children and adults. This method can be particularly useful for example when
observing parent child interaction and may be preferable in some
circumstances to in vivo. Sessions may also be recorded to videotape using
the electronic equipment in the observation room. Please carefully follow the
instructions for using this equipment. Help is available from Children’s Court
Clinic staff if you are not familiar with how to work it. Families need to be asked
for written permission to videotape the sessions, and it must be emphasized
that they are free to refuse, and that the recorder could be turned off at any
moment.
4)
3.4
Toilets
There are toilets in the clinics for the use of clients and the Authorised Clinician.
3.5
Baby Changing
There is a baby-changing table in the toilet area adjoining the main Parramatta
assessment room. The Children’s Court Clinic also has a baby-changing mat
that may be laid on the floor, which is stored in the bathroom area adjoining the
assessment room.
Refreshments
The Children’s Court Clinic does not provide refreshments for children or clients. The
provision of refreshments forms part of a parenting capacity assessment. Filtered water
is available.
5)
Arriving at the Children’s Court Clinic
5.1
Authorised Clinician’s Responsibility
The Children’s Court Clinic expects that the Authorised Clinician will be at the
clinic at least 15 minutes before the first scheduled appointment, to ensure that
they always arrive before their clients. If you are running late, please let the
clinic know so that those who are to be interviewed are informed.
5.2
Clients’ Responsibility
Upon arrival, clients should press the intercom on the entrance to the Clinic.
When answered they should announce themselves. They will then gain access
through the electronic doors.
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Authorised Clinician Handbook
5.3
6)
Appendix 20
Children’s Court Clinic Responsibility
When the client arrives, the Office Manager or delegate will go to the Clinic
entrance, and greet the client(s). The Office Manager will usually show them
the location of the toilets, the reception desk and the water fountain. If the
Authorised Clinician has not yet arrived, or is late for any reason, the Office
Manager will ensure that the client is kept fully informed. If the Authorised
Clinician chooses to undertake these tasks, they should inform the Office
Manager of this beforehand.
Managing Children’s Behaviour
Principal responsibility for the child rests with any adult escorting the child to the
interview, such as the foster carer, parents, other relative or Department of Community
Services escort. The Children’s Court Clinic expects that those adults present for the
assessment will manage the children’s behaviour whenever possible. The Authorised
Clinician can assist in this task by ensuring the children are adequately settled and
taken care of before leaving them in the waiting area.
On those few occasions when a child in the waiting area is disruptive, the staff member
should speak in a respectful tone to the adult present, asking them to deal with the
child’s behaviour. If staff from Children's Court Clinic need to respond to the child’s
behaviour themselves, the staff member should be firm but kind, asking the child to
reduce noise levels, or to behave appropriately. A suitable intervention is to find an
activity to settle or distract the child.
If the child continues to misbehave, the staff member may need to interrupt the
assessment, and advise the Authorised Clinician of the child’s behaviour but this should
be done only as a last resort.
Note: It is important to be aware that the parents who are waiting with children to be
assessed may lack some skills in child management and may need respectful guidance
in terms of dealing with the child. The children who are to be assessed at the Clinic
have often experienced emotional distress and significant disruption in their lives and
should be dealt with sympathetically.
7)
Community Services Escorts/Supervisors
Community Services have written an intranet Business Help topic on this issue and it is
hoped that this will lead to improvements in understanding of the role of
escorts/supervisors amongst staff and contracted workers.
The Children’s Court Clinic expects that the escorting officer will usually wait to collect
the child/ren or sit with them while they are waiting for their parent/s to complete
interviews. The escort/supervisor is responsible for the child(s) behaviour when they
are waiting to be interviewed or when needs must be met in terms of changing or
feeding.
Unless there is information that indicates that it would be unwise, it is preferable for
assessment purposes that the contact supervisor is not present during the interview
Note: To avoid any confusion, it is advisable to contact the caseworker prior to the
interview and establish expectations of the escort/supervisor for the visit.
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Authorised Clinician Handbook
8)
Appendix 20
Concerns Over Safety
Advice from Community Services should be heeded and adequate precautions applied
if a client to be assessed poses a risk of harm. This may include risk of abducting a
child or threat of harm to others. Dependent on the degree of risk the Authorised
Clinician may choose to proceed with the interview but put in place additional
measures. For example, if the interview is to be conducted at the Clinic, then
arrangements need to be made with administrative staff to have a Sheriff in attendance
nearby. Other staff in the Clinic should be pre-warned if a client to be interviews is
regarded as violent or dangerous in any way.
9)
If Contact is Usually Supervised
On occasions there may be restrictions placed on a parent/carers contact with a
child(ren). In such cases, where the parent is to be interviewed along with the child, the
supervision of that contact may be delegated to the Authorised Clinician for the
duration of the consultation. The Authorised Clinician will need to be fully cognizant of
the conditions imposed and make sure these are adequately managed.
10)
Problems/Breakages
From time to time problems will occur when using the Clinic for an assessment. This
may include loss of items, breakages or certain amenities not working correctly. We
want to ensure that the Assessment room is a comfortable and secure environment
and while the room is checked regularly, we can rectify problems more promptly if they
are reported to the Office Manager or a member of the administrative staff at the time
they occur.
11)
Ethical Considerations and Confidentiality
The ethos of the Clinic is one of professionalism, kindness and respect for clients and
this should be demonstrated in the behaviour that staff show at all times. Confidentiality
is one of the core tenets of ethical practice and we have a duty to respect the client's
trust and keep private any information we may hear in the course of their visit.
Confidentiality also requires us to respect the client’s privacy by restricting access of
others to that information.
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Appendix 21
Keeping Them Safe (KTS): A shared approach to child wellbeing
http://www.keepthemsafe.nsw.gov.au/home
KTS is the NSW Government’s five-year plan to fundamentally change the way children and
families are supported and protected. Its aim is to improve the safety, welfare and wellbeing of
all children and young people in New South Wales.
The key elements of the Government's reform package are:
•
Increasing the threshold for reporting children and young people to the Child Protection
Helpline from "risk of harm" to "risk of significant harm".
•
Establishing Child Wellbeing Units in the major government reporting agencies.
•
Establishing a network of Family Referral Services.
•
Enhanced service provision focusing on early intervention and prevention, including
comprehensive universal, secondary and tertiary services.
•
Increasing the role of non-government organisations in delivering services.
•
Changes to out-of-home care.
•
Changes to processes in the Children's Court.
•
Providing better services to Aboriginal children and young people, with the aim of
reducing their over-representation in the child protection system.
Remember to re-visit the site regularly for updates on what has been happening, and to
practise your skills with the on-line Mandatory Reporter Guide (see below).
Mandatory Reporters
As mandatory reporters, Authorised Clinicians are encouraged to use the Online Mandatory
Reporter Guide the reporting threshold for statutory child protection reports (refer KTS
website). The “decision tree” on this resource guides decision making, about whether or not a
report to the Child Protection Helpline is appropriate under the new risk of significant harm
reporting threshold.
If your concern does not fit any of the “decision trees”, it is probably not reportable, however
you may consult your supervisor (i.e. the Director of the Children’s Court Clinic). You may call
the Child Protection Helpline directly, however, your report should always be informed by
having used the Mandatory Reporting Guide.
As recent NSW psychologist de-registrations will attest, it is vital to ensure that if you find a
child to be at risk of significant harm, you make a report to the Helpline.
79