The Minns Government is commissioning independent research into whether NSW needs to strengthen legal protections for the counselling records of sexual assault victim-survivors, after concerns were raised about notes being subpoenaed during criminal trials.
The research will examine how the state’s long-standing Sexual Assault Communications Privilege is operating, and whether alternative models, including absolute privilege, are needed.
Under current NSW law, a sexual assault complainant’s counselling communications cannot be produced in preliminary criminal proceedings. Once a matter reaches trial, the records are covered by qualified privilege and cannot be subpoenaed or used as evidence unless a court finds they have substantial probative value, no other evidence is available, and the public interest in disclosure outweighs the public interest in keeping them private.
The review follows calls from victim-survivors, counsellors and other workers, who have spoken about the impact of having counselling notes subpoenaed. It will examine how often the notes are used in proceedings, and how this affects victim-survivors’ experience of the court process and their willingness to seek support.
The University of Sydney will carry out the research, led by Professor Rita Shackel, reporting to the Department of Communities and Justice by June 2027.
Attorney General Michael Daley said the criminal justice system could be difficult and retraumatising for victim-survivors of sexual violence.
“That’s why the Government is looking at ways to improve the experience of complainants in criminal proceedings,” Mr Daley said.
“This important research will consider existing protections for counselling records in sexual assault matters and how the system can be strengthened to reduce trauma to victim-survivors.”
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said women who had been sexually assaulted had been through the most traumatising experience of their lives.
“We are working to make sure their experience of the justice system does not retraumatise them further,” Ms Harrison said.
“We’ve listened to victim-survivors and advocates who have called for change. This research will allow us to look at potential options for reform.”
NSW Women’s Safety Commissioner Hannah Tonkin said no victim-survivor should have to choose between seeking justice and seeking therapy to support their healing.
“This research will help identify potential reforms to improve legal protections for victim-survivors’ counselling records and ensure they can access support without fear of repercussions,” Ms Tonkin said.
The review builds on a $4.9 million investment in the 2026-27 NSW Budget to improve victim-survivor experiences in the justice system, and a $184.1 million investment in frontline domestic and family violence support programs. The Government has also appointed the state’s first independent Victims of Crime Commissioner, and in March announced a $5 million package with the Federal Government for specialist legal help for victim-survivors of sexual violence.
Unions NSW Secretary Mark Morey said the stakes were high for women who had experienced assault at work.
“Nearly 100,000 Australian women have been sexually assaulted by a co-worker. When those women go to court, their therapy sessions should not become a weapon in the hands of defence lawyers,” Mr Morey said.
“We’re glad the Government is taking this seriously and look forward to working with them to make sure the research leads to positive change.”
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