Protecting sexual assault counselling records

When you need the Counselling Notes Protect service

The Counselling Notes Protect service can help when:

• you are a victim or alleged victim of a sexual assault offence and
• you have had counselling and
• there are (or may be) court proceedings about the sexual assault.

How to get legal advice

The Counselling Notes Protect service

The Counselling Notes Protect service is a free legal service that helps protect the counselling records of sexual assault victims (or alleged victims) from being used in some courts.

The service is delivered by Legal Aid Queensland in partnership with Women’s Legal Service Queensland, and provides advice, assistance and representation under the Queensland Sexual Assault Counselling Privilege (SACP) laws.

Court proceedings covered by SACP laws

The SACP laws apply to:

• criminal cases
• domestic violence cases
• some civil court cases.

The laws apply if the court case started on or after 1 December 2017, even if the sexual assault offence happened before this date.

The SACP laws do not apply to cases in the Federal Circuit and Family Court of Australia.

Court cases started before 1 December 2017

If your criminal, domestic violence or civil court case began before 1 December 2017, you should still get legal advice. A lawyer can help you understand your options for protecting your counselling notes from being used in court.

Counselling

Counselling includes a broad range of activities that may be protected under the SACP laws. These activities include when a counsellor:

• listens to you
• provides verbal or other support to you, your parent, carer or support person
• offers help or encouragement to you, your parent, carer or support person
• gives advice, therapy or treatment to you, your parent, carer or support person, either individually or in a group.

A counsellor is someone who:

• has completed training or
• is studying or
• has experience relevant to the counselling process and
• provides counselling.

It doesn’t matter if the counsellor is paid or a volunteer – they are still considered a counsellor under the SACP laws.

Protected counselling records

Protected counselling records may include oral or written records, notes, or other types of documents.

These records are made between a counsellor and the counselled person and/or the counselled person’s parent, carer or support person, or to another person to further the counselling process.

Protected records may be made by sexual assault counsellors, domestic violence counsellors or support services, healthcare professionals, psychologists or doctors.

When records are protected

The protection applies to counselling records made:

• before or after the sexual assault, and
• even if the counselling is not related to the sexual assault.

How counselling records are protected

Under the SACP laws, your counselling records are protected from being used in certain court cases, unless:

• you give permission, or
• the court gives permission.

The court must also give permission before a subpoena can be issued to access your counselling records.

A subpoena is a court order that requires someone to give documents to the court.

Counselling record privacy

No, you do not have to give your counselling records, or consent to your counselling records being given, to the police or a prosecutor.

You have the right to get independent legal advice about your situation.

Granting counselling records access

If you want to allow the police or a prosecutor to access all or some of your counselling records, you should get independent legal advice first.

If you consent to the police or a prosecutor having your counselling records, it may be difficult to withdraw it later if you change your mind.

How to get legal advice

You can get free advice by calling the Counselling Notes Protect service at:

• Legal Aid Queensland: 1300 267 762
• Women’s Legal Service Queensland: 1800 957 957

Other places to get legal advice:

• Private lawyers

Last updated

11 February 2026