Funding for s 14 application reports by psychologists, neuropsychologists and psychiatrists will only be approved when:
Funding for sentencing reports by psychologists, neuropsychologists and psychiatrists will only be approved when Legal Aid NSW is satisfied that the proposed report or attendance is likely to materially affect the outcome of the sentencing hearing taking into account at least the following factors:
And additionally for requests for reports and attendance in Local Court matters:
Evidentiary Reports are reports from an expert to establish an evidentiary basis for a defence (e.g not criminally responsible for an offence on the basis of mental health impairment or a cognitive impairment, substantial impairment) or an evidentiary issue (e.g. fitness to plead or stand trial or leave application).
Before funding for an evidentiary report will be approved there must be explicit factual material confirming a reasonable expectation of a relevant condition.
In exceptional circumstances Legal Aid NSW may need to negotiate an increase in the fee scale rates. The criteria that will be used to assess exceptional circumstances in this regard include:
Payment for travel will only be paid where a Sydney-based expert is travelling to a client assessment located outside the Sydney metropolitan area. Travel will be paid on the same basis as for a legal practitioner in a state criminal law matter. See travel rates and travel guidelines.
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