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Tribunal procedures regarding counselling

In May 2008, the Chief Magistrate prescribed new procedures regarding applications for counselling expenses that are intended to assist the Tribunal to determine an application for an award for counselling expenses, and in particular, to assess:

• the qualifications of the proposed counsellor to diagnose and/or treat the applicant;
• the appropriateness and efficacy of the proposed treatment to assist the applicant to recover from the act of violence which has led to them making an application to the Tribunal;
• whether the proposed cost of the treatment is ‘reasonable’;
• the progress of treatment provided to an applicant when further treatment is recommended; and
• to ensure that the applicant has been informed by the counsellor of the proposed treatment and endorses it. The Tribunal has specified the format in which applications for counselling, reports and invoices are to be filed.

The procedures are take effect from 1 July 2008, and are detailed in the Chief Magistrate’s Practice Direction 1/2008.

Practice Direction 1/2008 applies to reports filed by counsellors providing treatment, and is not applicable to assessment reports (that is, reports where the report writer is not proposing to provide treatment to the applicant). Reference should be made to Practice Direction 2/2008 for direction regarding assessment reports by non-treating psychologists and psychiatrists.

Practice Direction 9/2003 will continue to apply to all applications for counselling, reports and invoices received by the Tribunal prior to 1 July 2008.