The Minns Labor Government is commissioning independent research to look at how to better protect the counselling records of sexual assault victim-survivors in the criminal justice system.
The research will examine how existing protections under NSW's longstanding Sexual Assault Communications Privilege (SACP) are operating and consider alternative models and whether reform is required following concerns raised by victim-survivors.
In NSW, the law does not allow the production of a sexual assault complainant's counselling communications in any preliminary criminal proceedings.
Once a matter reaches trial, sexual assault complainants' counselling records are covered by qualified privilege. They cannot be compelled, including by subpoena, or adduced unless the court determines the records have substantial probative value, other relevant documents or evidence are not available, and the public interest of disclosure outweighs the public interest of non-disclosure.
The research follows calls from victim-survivors, alongside counsellors and other workers, who have spoken about the impact of having counselling notes subpoenaed.
The research will examine how often counselling notes are being subpoenaed and used in proceedings. It will also look at how this affects victim-survivors' experience of the court process and their decision to seek support.
The research will analyse other SACP models, including absolute privilege, and directly engage with counsellors and victim-survivors with lived experience.
The University of Sydney will conduct the research, led by Professor Rita Shackel, and report back to the Department of Communities and Justice in June 2027.
This research builds on a $4.9 million investment in the 2026-2027 NSW Budget to improve victim-survivor experiences in the justice system and a landmark $184.1 million investment in frontline specialist domestic and family violence support programs.
The Government also recently appointed the state's first independent Victims of Crime Commissioner who will work to improve the experience of victim-survivors by identifying systemic issues in the justice system and advocate for reforms that deliver better outcomes.
In March, the Minns and Albanese Governments announced a $5 million package to provide greater access to specialist legal help for victim survivors of sexual violence.
This includes funding for a Sexual Violence Community Justice System Navigators Pilot, embedding specialist sexual violence navigators in the Women's Domestic Violence Advocacy Court Service (WDVCAS) and additional resources for NSW Legal Aid to support victim survivors.
Attorney General Michael Daley said:
"We know the criminal justice system can 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.
"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 have been sexually assaulted have 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.
"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."
Unions NSW Secretary Mark Morey said:
"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.
"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."
