Discussion paper

Protecting survivors’ most sensitive information: a sexual assault counselling privilege for family law

Courts Legal services Family law Family violence Australia
Attachment Size
apo-nid173496.pdf 86.92 KB

This paper responds to the Australian Law Reform Commission Review of the Family Law System. In particular, it addresses question 25 in the issues paper released in March 2018 - how should the family law system address misuse of process as a form of abuse in family law matters?  

This question encompasses the misuse of process in evidence gathering by, for example, issuing a subpoena to obtain access to sensitive material, such as a survivor’s therapeutic counselling records or sexual assault service records.

This paper outlines the problems associated with this practice and sets out a number of options and recommendations for change.

Publication Details
Access Rights Type: