Assessment Application (Form No. 2)
The application helps organise information to enable the court to order an assessment that will help its decision-making, and essential information that will enable the Authorised Clinician to plan and conduct the assessment. .
It is important to ensure:
- that the proposed assessment is likely to provide relevant information that is unlikely to be obtained elsewhere,
- that valid informed consent has been obtained from the person(s) being assessed,
- that any distress the assessment is likely to cause the child or young person will be outweighed by the value of the information that might be obtained,
- whether any distress has been caused to the child or young person by any previous assessment,
- whether an interpreter will be required by the AC conducting the assessment, and in what language
If the party is aware that a specific clinician has particular expertise for the required assessment, and/or has had previous contact with the family, these issues should be detailed in the application, along with the clinician’s contact details and the reasons for recommending the clinician.
Requesting an Authorised Clinician of your choice
It may be possible to request a particular Authorised Clinician or an AC of a specific discipline to conduct the assessment (psychiatrist, psychologist or social workers). The order may make such a recommendation if suitable reasons are provided. The clinic will attempt to meet this request, however this will not always be possible.
Clinicians who are not from the Children’s Court Clinic
A clinician who is not from the Children’s Court Clinic may be appointed by the court to complete the assessment in the following circumstances s.58(1)
- when the clinic has indicated it is unable to prepare the assessment report, or
- when the clinic is of the opinion that it is more appropriate for the assessment report to be prepared by another person.
In circumstances where the clinic is unable to provide the assessment sought, an affidavit must indicate to the court that the clinic is unable to carry out this assessment. Details should be given of an appropriate person to carry out the assessment.
The affidavit should indicate that agreement was reached between the parties about the proposed person to carry out the assessment.
Other evidence that may accompany the application
Any documents or reports that support the need for an assessment or that would assist the Children’s Court in making this decision should accompany the application.
What is included in an assessment order
The Application for an Assessment Order will include names, current addresses and contact details of all children and other parties to be assessed, and contact details for the relevant Community Services officers and the legal representatives of all parties.
It should also indicate the ATSI status of the parties, whether an interpreter will be required for the assessment, and also indicate the general area in which the child is living.
A short description of the reasons why the assessment is required will enable the assessment to assist the court. These reasons may include the specific problem that the court is trying to resolve with a clinical assessment, instead of, for example, legal debate or alternative dispute resolution. The best way may be to provide an agreed case summary which will explain why the assessment is necessary (s.56)
The Terms of Assessment organises the kind of questions the clinic can most effectively answer.
If the court makes an assessment order and the Children’s Court Clinic is appointed to prepare and submit the required assessment report, the Registrar must immediately fax a copy of the Assessment Order and the Application for Assessment Form to the Children’s Court Clinic on 02 8688 1520.