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Among the concerns are violations of privacy, inaccuracies and biases, affecting parents around the country.
Experts like social workers, psychologists and psychiatrists often prepare reports for family law proceedings. As the judge takes these reports into consideration, they can affect the outcomes of family disputes, including custody proceedings.
In Victoria, a psychologist conducted sessions with a client in public places, including a bar. This did not ensure the client adequate privacy. The client’s privacy was more seriously breached when the same psychologist gave her psychological assessment to her ex-husband.
Over the last 10 months, the Australian Health Practitioner Regulation Agency (AHPRA) has investigated this psychologist. AHPRA found that the psychologist did not meet professional standards and last month issued her with a caution.
“The experts who write family reports can be quite influential, and so it’s incredibly important that they do their job properly,” says Hayder Shkara, Principal of the Sydney firm Justice Family Lawyers.
Family report writers, also known as family consultants, may be court employees or private contractors. In court, they become a single expert witness, providing an assessment of the family in question.
Maintaining a client’s privacy and the confidentiality of their assessment is a key part of a family report writer’s role.
“Just one report writer acting unprofessionally can have serious consequences for families, especially children,” Mr Shkara adds.
AHPRA and other regulatory bodies are restricted in the steps they can take to hold family report writers accountable.
Last year, the Health Care Complaints Commission (HCCC) prepared to investigate a psychiatrist from Sydney after receiving 12 complaints.
However, the HCCC withdrew this decision two months ago, stating that it had no power to investigate.
About Justice Family Lawyers
Justice Family Lawyers is Sydney based and provides expert advice on all aspects of Australian family law.
They provide legal assistance and representation on matters relating to divorce, family mediation, de facto relationships, domestic violence, separation, child custody, property settlement and going to court.
Release ID: 88891299