NSW unions push to end subpoenaing of sexual assault counselling records

Sexual assault survivors in NSW are being re-traumatised by a legal loophole that allows defence lawyers to access their private counselling records with many learning of it only when they walk into court to give evidence.

Unions NSW is calling on Attorney General Michael Daley to close the loophole, writing to him today backed by a resolution of the full NSW Labor Council.

Under the NSW Criminal Procedure Act 1986, defence lawyers can seek leave of the court to subpoena counselling files — including written records, voice and video recordings — from sexual assault support services. Many services, including those funded by state and federal governments, comply rather than mount costly legal challenges.

Unions NSW Secretary Mark Morey said the scale of the problem demanded urgent action.

"Nearly 100,000 Australian women have been sexually assaulted by a co-worker in the last decade, making it a significant workplace issue. Unions NSW will not stand by while the legal system weaponises their counselling notes or recordings against them.

"The NSW Criminal Procedure Act must be amended. No survivor should walk into a courtroom and discover that the defendant's lawyers have been reading their therapy sessions."

NSW Bureau of Crime Statistics data shows 12,825 sexual assault incidents in the twelve months to September 2025 — itself a fraction of the true toll, with the ABS finding only 8.3% of incidents are ever reported to police.

Unions NSW is calling for amendments to clauses 295 to 299 of the Act to establish absolute legal privilege over counselling communications in sexual assault matters — bringing NSW into line with the protections survivors reasonably believe already exist when they seek help.

Contact: Nick Lucchinelli 0422229032