Tasmanian courts stalled by ‘lost’ reports and bureaucratic bungles, judge says
A Hobart judge has sounded off on the “bureaucratic hiccups” delaying court-ordered mental health reports, warning lawyers about systemic problems.
A Hobart judge has sounded off at the “bureaucratic hiccups” faced by lawyers and the Tasmanian court system when trying to access or call for mental health assessment reports in court cases, which he said often cause delays in court proceedings.
Associate Justice Michael Daly was hearing a civil directions matter on Wednesday at Hobart’s Supreme Court when a Tasmania Legal Aid lawyer informed him that her client was still yet to be contacted by the state’s forensic psychiatrist as part of a court-ordered report.
Associate Justice Daly then expressed his frustrations with the system, assuring both the parties his emotions weren’t levelled at them.
“See, this makes me really cranky,” he said.
“The order I made in 2024 I was told was not communicated to the Forensic psychiatrists.
“Then, I was told the order wasn’t sufficiently drafted, so suppressing my volcanic rage, I did what the chief psychiatrist suggested and moved the order only to need another form filled out.
“Just for everyone’s benefit here, if you ever get involved with these again keep in mind the system.
“It is just a bureaucratic hiccup.
“I’m just hopeful the second report I ordered hasn’t been lost in the matter somewhere.”
A Department of Health spokesperson told the Mercury that the Forensic Mental Health Service responsible for providing the court-ordered reports had already received 43 requests from the Supreme and Magistrates Courts for forensic mental health reports in the current financial year.
It had received a total of 78 requests in 2024-25.
“The Forensic Mental Health Service’s primary focus is the treatment and management of individuals with significant mental illness or disabilities who are involved with the justice system, or who pose a significant risk to other people – including the care and treatment of patients, both those in the Wilfred Lopes Centre and those under community forensic orders across the State,” the spokesperson stated.
“The Forensic Mental Health Service works to ensure that reports are progressed and finalised in a timely fashion, however, at times there is a delay in completing reports as clinical care and management has to be prioritised.
“The Forensic Mental Health Service is currently working constructively with the Department of Justice and the courts to improve the process of requesting reports to ensure requests are complete, and can be progressed efficiently.”
