VIC ICL Requesting Psychiatric Report - Criteria to be Met?

[Malissla]

Does anyone know if there is an assessment criteria to be met before an ICL can request a Psychiatric Assessment?

I have never suffered any kind of mental illness, indeed I have recently passed a "Working with Children's check". My medical records confirm I have no history whatsoever of any kind of mental illness, in short I have, nor have I ever had any mental illness and there is no evidence I ever have.

The ICL is seeking an order that I attend upon a psychiatrist for the purposes of a mental assessment, however she is attempting to get me attend upon a psychiatrist who is nothing more than a "hired gun". I have read on-line reviews about him that are not good. It appears to me that she wants to go down this road to obtain a report that could be used to get me to bend over and agree to consent Orders because I have a strong case in which I am adamantly steadfast in my resolve.

The question I raise is, can an ICL request I undergo a mental assessment if I have never suffered from mental illness? Is there assessment criteria for Psychiatric Assessment that has to be met before such a request can be made? i.e. a history of mental illness, or anything else? Anything! Or is it the case that an ICL can make such a request regardless?

I found this on a website but this pertains to Queensland and not Victoria:

"
Psychiatric assessment report (ICL only)
Assessment criteria:

For legal aid to be granted for a psychiatric assessment report the following tests must be satisfied:

• The applicant is the independent children’s lawyer (ICL), and
• • there is a current parenting application about a substantive parenting issue before the court; and
  • there is a need for the ICL to continue their involvement in the matter; and
  • Legal Aid Queensland has not previously provided funding for a psychiatric assessment report for the same person in this parenting dispute; and
  • a psychiatric assessment report is required in the matter for the court to be able to determine a current parenting application.
• The matter:
• • is listed for an interim hearing or a hearing where an interim parenting order is likely to be made, or
  • trial directions have been made, or
  • is listed for trial.
• Either:
• • There is evidence in affidavit material filed and/or documents produced to the court under subpoena that the person or child to be assessed has been diagnosed with a psychiatric illness or condition that is likely to impact upon parenting capacity or parenting arrangements for the child/children, and
  • • the person has been hospitalised because of the condition within the last 2 years, or
    • there is evidence of non-compliance with recommended treatment within the last 12 months that is likely to impact upon parenting capacity.
  • There is evidence in affidavit material filed and/or documents produced to the court under subpoena that the person or child to be assessed:
  • • has displayed behaviours that are or could be consistent with a diagnosable mental illness or condition and these behaviours are likely to impact upon parenting capacity or parenting arrangements for the child/children, and
    • no diagnosis of a psychiatric condition has been made.
• The ICL has identified gaps in the evidence available which indicate a strong need for an independent psychiatric assessment report to be prepared. The report is required to assist to determine the current parenting application and there are no alternative sources of evidence available.
• The parties are funded by Legal Aid Queensland, cannot afford to pay for the report or have refused to pay for the report.
• The request meets the merits test."

 

[AllForHer]

No, there is no prerequisite for an ICL to request orders for one (or both) of the parents to undertake a psychiatric assessment.

How do you think mentally ill people are diagnosed in the first place?

 

[Malissla]

There certainly exists one in Queensland - as posted - I am awaiting to see if there exists one for Victoria. One would imagine that a mental illness results in behaviour issues that draw attention and referral to health practitioners, one doesn't foresee it deriving from a hired gun psychiatrist although clearly it can

 

[AllForHer]

The passage you’ve quoted above is for *legal aid* to be granted for funding of a psychiatric report. What do you have to do with decisions about where legal aid funding is allocated?

 

[thatbloke]

I think you re confusing legal aid being granted for one (which is what you have posted) and an ICL actually being allowed to ask for one. If you are sane, you would welcome it and the results. I asked for one for my ex in 2016 and stuck my hand up to have one done on me as well. I knew I was sane... Wibble.

 

[AllForHer]

Haha, wow.

So, what makes you think legal aid is going to fund it at all? The ICL can request that you fund it, mate.

 

[Malissla]

I think you re confusing legal aid being granted for one(which is what you have posted) and an ICL actually being allowed to ask for one. If you are sane, you would welcome it and the results. I asked for one for my ex in 2016 and stuck my hand up to have one done on me as well.. I knew i was sane.. wibble.

"If you are sane, you would welcome one"? From a hired gun who had nothing but terrible reviews? And no I am not confusing the two, an ICL clearly has to have some basis upon which she can request an assessment as stated in the Queensland Legal Aid - posted above - which gives rise to how does an ICL get funding for it if the person to be assessed does not fit the funding criteria set down by legal aid?

 

[Malissla]

Haha, wow.

So, what makes you think legal aid is going to fund it at all? The ICL can request that you fund it, mate.

Legal Aid had already been granted for the assessment mate, the ICL can only request that I fund it if I have those funds.. mate.

 

[AllForHer]

The FamCA and the FCCA have no control over funding decisions made by Legal Aid. It can, however, order you to pay funds back to Legal Aid to cover the costs of both the ICL and the psychiatric assessment. If you want to protest Legal Aid’s funding decisions, you need to do it by way of administration law, not family law.

Stop trying to take some imagined smarty pants route for winning your case. Your posts so far have demonstrated considerable lack of understanding about process because they have been focused on trying to control the other parties in your proceedings, and frankly, if you’re suspected of exerting the same kind of control over the kids, a psychiatric assessment is actually quite understandable.

Make your case on the children’s best interests, not on what you speculate to be the errors of two other legally trained professionals with far more experience in this area than you.

Simple.

 

[Malissla]

The FamCA and the FCCA have no control over funding decisions made by Legal Aid. It can, however, order you to pay funds back to Legal Aid to cover the costs of both the ICL and the psychiatric assessment. If you want to protest Legal Aid’s funding decisions, you need to do it by way of administration law, not family law.

Stop trying to take some imagined smarty pants route for winning your case. Your posts so far have demonstrated considerable lack of understanding about process because they have been focused on trying to control the other parties in your proceedings, and frankly, if you’re suspected of exerting the same kind of control over the kids, a psychiatric assessment is actually quite understandable.

Make your case on the children’s best interests, not on what you speculate to be the errors of two other legally trained professionals with far more experience in this area than you.

Simple.

I am not protesting Legal Aid funding decisions - I made it abundantly clear I am questioning the ICL's right to request an assessment particularly if I do not meet the funding criteria upon which she relies, surely you understood that? To which "smarty pants route" are you referring to?

The Family report absolutely supports my position, I was being asked to attend upon a psychiatrist for an assessment in order that assessment could be used to substantiate that the respondents behaviour has a detrimental effect on me that may affect my parenting and therefore would support my position but I choose not to play the victim and stand up and be the strong woman that I am, I assume you take offence to that ?

The family report clearly covers whether or not any kind of control over the children's decisions and it is a resounding no. I do not consider an ICL to be better equipped than me in affording what is in my children's best interests, most only earn slightly more than their secretaries and only take the legal aid work because it offers them the bread and butter of paying the bills as opposed to doing real work and actually earning a decent wage, only 6% of people are happy with the service an ICL provides. Please talk sense or find another thread to troll.