Family reports and family report writers
(a) Should the terms ‘family report’ and ‘family report writer’ be defined in legislation to better clarify their purpose and application?
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Yes
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No
What issues would need to be considered in defining these terms?
Qualification need to be more focused to children a social worker is not qualified to make psychological definition.
(b) Should a legal definition of family report and family report writer apply to all cohorts of report writers (in-house and regulation 7 family consultants, and single expert witnesses) who undertake family and child assessments and reports?
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Yes
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No
(c) Should a legal definition of family report writer specify which social science professionals may prepare a family report?
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Yes
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No
Your comments
Absolutely. If requiring a psychological background than a social worker should not be used.
(d) Should a legal definition of family report include all reports prepared by family consultants under s 62G of the Family Law Act 1975, including child impact reports and specific issues reports?
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Yes
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No
Your comments
If a change in residence is required a psychological report should and must be utilized rather than someone unqualified making suggestion in psychological impact.
(e) Is it appropriate to exclude specialised reports on specific issues by single expert witnesses?
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Yes
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No
Is there a way to clearly differentiate between a specialised report and family report?
It will depend what is required but if they are stating a psychological affect on a child or on a psychological position of a parent than a qualified person is required.
Social workers should never be utilized as qualified, they do not have the expertise to make such a decision.
Social workers should never be utilized as qualified, they do not have the expertise to make such a decision.
Scope and requirements of a family report
(a) What minimum content should a family report require?
Enter your response
Allow both parties the ability to be viewed with the child not only the father.
Ensure questions are the same for both parties.
Ensure if one parties paperwork is provided the others is as well.
If one parent has a psychological diagnosis this is given greater consideration on appropriate parenting ability not dismissed.
Ensure questions are the same for both parties.
Ensure if one parties paperwork is provided the others is as well.
If one parent has a psychological diagnosis this is given greater consideration on appropriate parenting ability not dismissed.
(b) Should minimum content requirements be legislated or otherwise made mandatory?
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Yes
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No
Data on single expert witnesses
(a) What is a reasonable estimate as to the number of family reports prepared by single expert witnesses each year?
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If more than one report is provided the parties should have the ability to request a second opinion.
(b) What is a reasonable estimate as to how many social workers, psychologists and psychiatrists prepare family reports in the capacity of a single expert witness each year?
Enter your response
At least 2 different experts should be used to ensure there is a proper range of evidence utilized.
(c) How could data on the number of single expert witnesses who prepare family reports be sourced?
Enter your response
It should be noted what has been used as data and how this data was used to provided fact. The ICL should not tell the report writer what information they want them to use and have the report pushed the way they decided.
The report writer should not be allowed to be influenced or known to any party including the ICL.
The report writer should not be allowed to be influenced or known to any party including the ICL.
Competency of family report writers
(a) What skills and competencies should family report writers have? Please provide specific details about the skill/competency.
Enter your response
This will depend on the type of report writer used but psychological qualifications is a must.
(b) Which should be considered essential or core competencies?
Enter your reponse
Psychological
One with an understanding on children and parenting
One with an understanding on children and parenting
(c) Which should be considered desirable or specialised (not essential) competencies?
Enter your response
Again psychological
Training in skills and competencies relevant to family report writing
(a) What training courses are available that cover the skills and competencies in Table 1 or other identified skills and competencies? Please provide detail on the course name, provider, and what standards they comply with (for example do they meet the Australian Qualifications Framework?)
Enter your response
A tertiary qualification should be required.
Proper training is essential
Proper training is essential
(b) Are there any gaps in available skills/competency training?
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Yes
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No
If so, what specific training modules need to be developed?
None is provided.
Just because they are qualified in your field does not qualify them to make decisions in reports.
They must complete university courses to ensure requirements are met and must achieve high marks. They are making decision on a family like a judge and lawyer and providing that opinion.
Just because they are qualified in your field does not qualify them to make decisions in reports.
They must complete university courses to ensure requirements are met and must achieve high marks. They are making decision on a family like a judge and lawyer and providing that opinion.
Qualifications, professional registration and continuing professional development
What registration or memberships should be required for family report writers?
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All report writers should have public view and able to be fully scrutinized by parties.
They should be required to hold membership as a report writer and should not be chosen by the ICL.
They should be required to hold membership as a report writer and should not be chosen by the ICL.
Qualifications, professional registration and continuing professional development
(a) Should the attainment of identified core competencies be mandated?
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Yes
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No
(b) Are existing continuing professional development requirements sufficient or should there be specific requirements for family report writers? If so, what could this include?
Enter your response
As stated they must complete university grade qualifications.
And complete yearly courses to ensure they are up to date and remain current.
And complete yearly courses to ensure they are up to date and remain current.
Screening for suitability
Should family report writers be subject to suitability screening?
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Yes
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No
If so, what type of screening is relevant?
Absolutely. All should be screened by the parties in front of the judge and removed if found to have any connection or prior relationship with a party, judge or ICL.
Quality assurance mechanisms
Should all family report writers be subject to quality assurance mechanisms as part of their appointment/employment?
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Yes
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No
Transparency
(a) Is there sufficient information available to families about the skills and qualifications of family report writers?
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Yes
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No
(b) What information should be available to the public and parties about family report writers that is not currently available?
Enter your response
Full transparency not just the word of an ICL.
Implementing options for enhancing competency and quality assurance mechanisms
(a) What approaches would best assure family report writer competency and report quality?
Enter your response
Training
Courses
If they cannot maintain the requirements they automatically lose their credibility for ever.
Courses
If they cannot maintain the requirements they automatically lose their credibility for ever.
(b) To what extent can existing approaches be utilised or enhanced, or do new ones need to be established?
Enter your response
New laws and rules need to be implemented
(c) How would the approach(es) apply consistently and fairly for all report writers and manage the risk of deterring qualified professionals from undertaking the family report writer role? Do different mechanisms need to apply based on appointment type or profession?
Enter your response
2 report writers must be present at once in an interview and parties should have the ability to record all discussions to ensure proper and unbiased reporting.
Implementing options for enhancing competency and quality assurance mechanisms
What approaches would best ensure that information about family report writer qualifications/skills/competencies is made available for family law system users (for example, a public register, a declaration)?
Enter your response
A public register is required and only those qualified for the requirements is used not one normally used by a particular ICL with a prior relationship with them.
Establishment and oversight
Which entity or combination of entities is well placed to:
Your comments
There is none. Presently.
Family report writers should be held to a high standard as high as a judge if not higher given the opinion they are providing.
Family report writers should be held to a high standard as high as a judge if not higher given the opinion they are providing.
Complaints and Accountability
(a) Are improved avenues for complaints about family report writers required?
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Yes
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No
Your comments
There is no available complaint process that holds them accountable.
They should also be required to provided rigorous testing in gender bias.
They should also be required to provided rigorous testing in gender bias.
(c) Could existing regulatory complaints mechanisms (Ahpra and state complaints bodies) for psychologists and psychiatrists who are family report writers be more effectively utilised? What enhanced role could they play?
Enter your response
Yes they are somewhat qualified to investigate the process and complaints but social workers should not be utilized for more than to provide evidence on a family they are involved with. They are not qualified to make report or decision on splitting a family further.
(d) What could be an appropriate complaints mechanism for social workers undertaking family reports?
Enter your response
They are not qualified enough.
They need to be disqualified as appropriate.
They do not have the qualifications required.
They need to be disqualified as appropriate.
They do not have the qualifications required.
(e) How would any proposed mechanism(s) best manage the issues and risks that have been identified, such as efficiently identifying and responding to vexatious complaints?
Enter your response
Simple enquiry.
Publishing the identity of a family report writer
(a) Should section 121 be amended to enable the names of family report writers to be published?
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Yes
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No
(b) Should this be limited to situations where a report writer has been convicted of an offence and/or subject to an adverse finding by a regulator?
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Yes
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No
Your comments
All situations need to be reported any report writer with a conviction should automatically lose their position.
Your submission
Making your submission public
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(Required)
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I agree to my submission being made public under my name or the name of my organisation
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I agree to my submission being made public anonymously
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I do not want my submission to be made public