New South Wales is launching a major research initiative to protect sexual assault survivors by preventing therapy records from being used against them in court, aiming to strike a balance between justice and healing. With the University of Sydney leading the study, the government seeks to understand how often private counselling notes are subpoenaed and how that impacts survivors’ recovery. This effort builds on existing legal protections and follows similar moves in Victoria and recommendations from the Australian Law Reform Commission. The Attorney-General and Women’s Safety Commissioner stress that survivors shouldn’t have to choose between justice and therapy. While the research is expected to report by June, legal experts warn courts must retain final say on evidence — highlighting the complex tension between fairness and safeguarding vulnerable people.
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