Medico-Legal Assessment
About
Our CapacityPlus medico-legal team consists of experienced neuropsychologists who provide comprehensive expert assessments and reports for criminal and civil legal purposes. We are familiar with relevant Victorian legislation and court procedures, and provide evidence-based opinions to support legal proceedings.
We typically receive referrals from lawyers and solicitors but also provide assessments and expert opinion for Court Services Victoria case managers and clinical advisors. Our reports are prepared in accordance with AHPRA professional standards and expert witness guidelines.
Areas of Expert Opinion
CapacityPlus neuropsychologists can provide expert opinion on:
- Criminal law matters — sentencing (including reference to Verdins Principles), mental impairment, and fitness to plead or stand trial
- Family law — parenting capacity and related assessments
- Civil litigation — personal injury claims, the need for a litigation guardian
- Independent medical examinations (IMEs)
- Testamentary Capacity – to make or amend a Will
- Complex guardianship, administration, decision-making capacity and VCAT matters
Frequently Asked Questions
Where are assessments held?
We offer face-to-face assessments for individuals in custody and in the community. In the community, we have offices in Melbourne and Warrnambool, and can consult at the Magistrates’ or County Court offices. Video telehealth appointments may be appropriate in some instances, but we typically require face-to-face assessments for medico-legal matters.
Can CapacityPlus conduct assessments for individuals in custody?
Yes. CapacityPlus can conduct comprehensive medico-legal assessments for individuals in custody. We liaise with correctional facilities to arrange assessment appointments and can accommodate the logistical requirements of custodial settings. We require a professional contact visit and do not conduct our assessments in a non-contact room or via video link. Please advise us of custody status and location at the time of referral so we can coordinate the appropriate arrangements.
Does the referral need to come from a lawyer?
Typically, it is best for a lawyer or solicitor to send us a letter of instruction. In some rare cases, it may be appropriate for a client, family member, case manager, or specialist doctor to contact us with a referral. We can discuss your specific circumstances and advise on the appropriate process.
How long should I expect to wait for the report?
It typically takes 4–6 weeks from your assessment to receive the written report. We prioritise reports based on urgent deadlines such as court dates, so please inform us of important timelines at the time of referral. If we are not informed early enough, we may not be able to commit to completing reports earlier than four weeks.