Support person for forensic medical examinations

Parker v The Council of Barker College [2015] NSWDC 225, an interlocutory decision, includes a consideration of the first defendant’s opposition to the plaintiff having a support person with him at a further forensic psychiatrist interview. The first defendant argued that the presence of a support person here would affect the reliability of the report provided by the first defendant’s expert witnesses (at [30]).

The court did not accept that argument and instead directed that the plaintiff could attend with the support of a medical practitioner of his choice (at [46]) in accordance with UCPR 23.5.

The court was not willing to impose a time limit on the further examination, but noted that the first examination took more than 8 hours so that any further assessment should be conducted ‘expeditiously’ (at [43]).