Policy Bulletin 2023/7 Crime Fees: Psychologist and Psychiatrist 

30 June 2023 (updated on 10 October 2023)

The Legal Aid NSW Board has approved an increase in fees paid to psychologists and psychiatrists for criminal law matters.

Background

In recognition that the fees have not increased since 2007, the Legal Aid NSW Board has approved an increase in the Crime Fee Scale for Psychologists and Psychiatrists.

The increases in the fees have been made in line with the many competing demands on the Legal Aid NSW budget.

A full review of psychologist and psychiatrist fees is currently underway. This review is considering the level of fees paid by Legal Aid NSW in criminal, family law and civil law matters.

  • What has changed?

    The fees are available at Crime Psychologist and Psychiatrist fees (nsw.gov.au).

    The fees cover reports in Local Court, District Court and Supreme Court criminal matters with the same fees applying to psychological, neuropsychological, and psychiatric assessments and reports across the different forums, except for the fee for a neuropsychological assessment and report at the Local Court stage.  This fee is higher and reflects the complexity and amount of time required to complete neuropsychological testing.

    We have clarified that:

    • for EAGP/committal matters at the Local Court stage, the relevant fee rate is the rate for the court where the offences will be finalised
    • the Local Court fee rates apply to appeals to the District Court, and
    • the Supreme Court fee rates apply to appeals in the Court of Criminal Appeal.

    The guidelines are available at Crime Psychologist and Psychiatrist fee guidelines (nsw.gov.au), and detail the circumstances in which funding for the following reports will be approved:

    • Reports for applications under s 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).
    • Reports for sentencing matters
    • Evidentiary reports.

    The guidelines also provide for:

    • travel expenses 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.
    • Legal Aid NSW to continues to have the discretion to approve requests for funding above the fee scale in very exceptional circumstances. 

Commencement date

The new fee scale will apply to psychological and psychiatric assessments undertaken on or after 1 July 2023.

Contact for further information

Email Client Eligibility Unit