Victoria Tightens Rules on Survivor Records

The Victorian government in Australia says it will strengthen laws governing how victim-survivors’ confidential communications can be used in court, including counselling records, in sexual offence proceedings.

The commitment was confirmed by Victorian Attorney General Sonya Kilkenny after advocates sent an open letter calling for stronger safeguards. Among those advocates was Brittany Higgins, who said having her counselling records subpoenaed felt like a “violation.”

Attorney General Sonya Kilkenny confirms legislative changes

Officials said the planned reforms will focus on the handling of confidential counselling notes and related communications that can be sought through subpoenas during legal proceedings.

The government also flagged changes connected to the use of pre-recorded evidence, an area advocates have raised as part of broader concerns about how victim-survivors experience the justice process in sexual offence matters.

Advocates cite ALRC findings and reporting barriers

The Victorian move follows criticism from Higgins about what she described as federal inaction on recommendations from an Australian Law Reform Commission (ALRC) review released in March 2025.

That ALRC review said systemic barriers can prevent victim-survivors from accessing justice. It also reported that 92% of women do not report sexual assault to the police, underscoring the scale of under-reporting cited in the review.

The ALRC review made 64 recommendations and pointed to differences across jurisdictions. It said Tasmania is the only Australian state that provides absolute privilege for victim-survivors’ confidential communications, meaning those materials cannot be accessed without consent.

Goal is stronger safeguards in sexual offence proceedings

The Victorian government said the legislative changes are intended to improve legal protections for people involved in sexual offence cases, with a focus on limiting the use of sensitive, confidential material.

Officials said the reforms are aimed at increasing reporting of sexual violence and rebuilding confidence in the justice system. The government has not detailed the final legislative wording or a timeline in the information provided, leaving the scope and implementation of the changes to be clarified.