Social workers and other mental health professionals in Australia are legally required to keep most client information confidential. This confidentiality is protected by:
- The Privacy Act 1988 and Australian Privacy Principles
- Professional codes of ethics (such as those from the Australian Association of Social Workers)
- State and territory legislation
What this means is everything you tell me in our counselling sessions is confidential.
There are important caveats to me holding that confidentiality however which you should be aware of. If you tell me something or I have a reasonable belief, which is reasonably held, that you could harm yourself or others, or you have given me information which indicates there is a potential harm to you or others, I have an obligation to disclose this information to an appropriate authority who can help prevent or cease that harm. To clarify this - I can only release enough information necessary to prevent or cease the harm. I cannot and will not, for example release information about you which is superfluous to assuring your safety. I cannot release this information without having a very real reason to believe you or someone else could suffer harm.
You will be given a copy of your rights and confidentiality when we first meet, and I will ask you to sign a copy of the confidentiality agreement so that I can be reassured you understand your rights and my obligations.
There are some instances where the law can intervene to access therapy notes.
When Confidentiality Can Be Broken
Therapy notes can be forced to be released in these situations:
1. Court Orders and Subpoenas Australian common law does not recognise a general privilege protecting clinical records from disclosure in court proceedings. This means:
- Courts can issue subpoenas requiring social workers to produce therapy notes
- When disclosure is legally required through court orders, therapists should disclose only the minimum information necessary while protecting client privacy as much as possible.
2. Mandatory Reporting Social workers must report:
- Child abuse or neglect
- Abuse of vulnerable persons
- Ongoing domestic violence in certain circumstances
3. Legal Authorisation Disclosure is permitted with proper client consent or legal authorisation. This means you can ask for your own notes to be given to you.
Important Context for Family Law
Recent amendments to the Family Law Act (effective June 2025) have introduced new protections:
Courts now have statutory power to protect certain sensitive information from being disclosed in family law proceedings, particularly therapeutic counseling records. The court must weigh:
- The likely harm from disclosure
- The benefit of the information being used in proceedings
If risk of harm outweighs the benefit, courts may direct that a person or organisation doesn't need to comply with a subpoena, or only needs to produce part of the requested documents.
Records and Record Retention
Noting the importance of your privacy, I will make every effort to record important aspects of your sessions, but maintain your privacy and confidentiality in those notes, as far as I am able.
Psychology and therapy files are legally held, securely, for seven years and then destroyed.
Please ask me in our first session, if there is anything about this you wish me to clarify.