Background
Victoria Legal Aid (VLA) is currently reviewing the fees paid to psychologists, psychiatrists and neuropsychologists for expert mental health reports in criminal law matters. It is also reviewing the guidelines and processes that apply to obtaining these reports.

Considering changes to fees, processes and guidelines
VLA fees for expert mental health reports are provided at two levels: the standard VLA fee and a higher fee referred to as a ‘special disbursement’ which is based on an amount quoted by the mental health professional. VLA’s grants guidelines provide that the special disbursement fee is only available in exceptional circumstances and is subject to a more rigorous approval process than the standard fee.

VLA has received several submissions from psychologists that the current standard fee level is too low and does not adequately remunerate the time, expertise and costs required to provide expert reports of an appropriate quality. Increasingly, mental health professionals are requesting higher fees through the special disbursement process.

VLA is seeking to assess the appropriateness of current fee levels. VLA is also seeking advice on the processes that apply and whether the guidelines should be reframed, noting that VLA is working within budget constraints.

Review process
VLA has engaged Keren Murray, an independent consultant, to conduct the review. The review process involves extensive consultation with stakeholders, together with document review and data analysis. The outcome of the review will be provided to VLA for consideration in a report with findings and recommendations.

Next steps
Keren is seeking psychologists’ views through the Australian Association of Psychologists (AAPi) on the issues outlined in the questions below. AAPi is coordinating the process. You are welcome to contact Keren directly at keren@kmurrayconsulting.com.au if you have any questions or further feedback.

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* 1. We have heard that the current VLA scale fees for expert mental health reports are too low. Do you think the current fees are appropriate?

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* 2. Do you regularly seek a higher fee via the special disbursement process?

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* 3. What has been your experience of practitioners applying for special disbursements? (eg delays, generally approved etc)

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* 4. If you are charging a higher fee as a special disbursement, is there a typical or average amount you charge for VLA matters?

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* 5. What do you think would be a reasonable level for VLA standard fees?

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* 6. Legal Aid NSW applies a tiered fee level approach based on the court jurisdiction, with lower fees in the Local (Magistrates) Court, mid-range in the District (County) Court and higher fees in the Supreme Court. Should fees in Victoria be tiered by jurisdiction?

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* 7. Is the material practitioners provide to you for assessments appropriate in terms of relevance and volume?

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* 8. What would help to make the review of materials more manageable?

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* 9. In the absence of a Legal Aid panel or other form of accreditation for experts, do you think the process for selecting and engaging experts works well?

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* 10. What processes could VLA apply to ensure that experts are appropriately qualified and experienced? (eg accreditation, panel etc)

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* 11. Are there any other issues you would like to raise in relation to expert reports, either in relation to fees or processes?

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