1,000 signatures reached
To: Michael Daley and Michelle Rowland
Don't Subpoena Our Support: Keep Counselling Confidential
Imagine the courage it takes for a sexual assault survivor to access counselling. Now imagine the devastation they would feel if audio recordings of those counselling sessions were shared with the person they fear most: their rapist.
The problem:
Across Australia, most people assume that speaking to a sexual assault counsellor is confidential. This is not always the case.
If a complaint goes to Court, defence lawyers can issue a subpoena for the victim’s private and confidential counselling files. Once they have the files, which can include written files, voice recordings and even video recordings of counselling sessions, they often use the content to humiliate, retraumatise and re-victimise the victim. In some cases these private counselling notes have then been leaked to the media without the survivor’s knowledge or consent.
In NSW and elsewhere, there is confusion among services as to whether these subpoenas can be challenged, and if they are, there is a cost burden on the counselling service and/or client. This means many services do not challenge the subpoenas and for some victims, the first they know the defence and the defendant have their files is when they attend the court case.
Why is this important?
We believe all survivors of sexual assault should be able to safely access counselling without fear of their offender ever eavesdropping in on the conversation. Yet our legal system currently undermines confidence in vital counselling services by enabling offenders and other third parties access to these files.
That is why we are calling on the Federal and all State Attorney Generals, starting with Michael Daley (NSW) and Michelle Rowland (Federal) to amend legislation so that sexual assault survivors can access counselling, safe in the knowledge that their notes and related files are completely protected, much the same as if they had spoken to their own lawyer.
Sign and then share our petition.
‘Don’t Subponea Our Support: Keep Counselling Confidential’, is a campaign led by news.com.au journalist and survivor advocate, Nina Funnell, in partnership with Rape and Sexual Assault Research and Advocacy, Marque Lawyers, along with survivors, advocates and experts.
Rebuild community confidence in confidentiality. Sign the petition.
If you or someone you know has been impacted by sexual violence support is available at:
Full Stop Australia: 1800 385 578 (24/7 sexual domestic and family violence counselling service)
13YARNfor Aboriginal and Torres Strait Islander people: 13 92 76
Rainbow sexual, domestic and family violence: 1800 497 212