Counselling record review welcome, but survivors need stronger trauma informed court protections
29 Jul 2026
Media release
Psychiatrists are calling for broader reforms to make courts safer and less traumatising for sexual assault victim-survivors, warning that stronger protections for counselling records, while a welcome first step, will not on their own address systemic issues that continue to cause harm.
The Royal Australian and New Zealand College of Psychiatrists has joined a coalition of organisations and advocates calling on the NSW Government to give sexual assault victim-survivors the right to pre-record their evidence, a reform recommended by the Australian Law Reform Commission and already available in other Australian jurisdictions.
The College says the NSW Government's review of counselling record protections, alongside its recent investment in domestic and family violence services, provides an opportunity to strengthen how victim-survivors experience the justice system.
Chair of the RANZCP Family Violence Psychiatry Network, Dr Karen Williams, said psychiatrists regularly see the profound and lasting mental health impacts of sexual assault, domestic violence and family violence.
"The mental health impacts of sexual violence can be severe and long-lasting, including post-traumatic stress disorder, depression, anxiety, problematic substance use and suicidality," Dr Williams said.
"For some victim-survivors, the court process itself can become another source of distress. Our justice system must be designed to support recovery and access to justice, not risk compounding harm.
“Victim-survivors deserve a justice system that prioritises safety, dignity and wellbeing, with court processes designed in accordance with trauma-informed and culturally safe principles.”
The RANZCP welcomed the NSW Government's recent $184.1 million investment in frontline specialist domestic and family violence services as part of the state budget, describing it as another important sign that improving victim-survivor experiences is being prioritised.
However, Dr Williams said further action was needed to ensure reforms translate into meaningful change for victim-survivors navigating the justice system.
"Protecting counselling records is important, but it is only one piece of the puzzle."
"We need a court system that understands trauma, reduces the risk of re-traumatisation and supports victim-survivors at every stage of the process."
The RANZCP is calling for:
- Trauma-informed and culturally safe court processes
- Greater consistency in the use of safeguards designed to prevent inappropriate questioning of victim-survivors
- Wider access to court modifications and special measures, including pre-recorded evidence, screens, closed courts and other measures that enhance safety and wellbeing
- Improved mental health, family violence and trauma training for legal professionals and court officers
- A review of gaps and inconsistencies in support available to victim-survivors across jurisdictions.
Dr Williams said lengthy court delays and the prospect of recounting traumatic experiences in court can have significant impacts on victim-survivors' mental health and recovery.
"Victim-survivors deserve a more compassionate and trauma-informed legal process that prioritises safety, choice and agency,” Dr Williams said.
"Giving people the option to pre-record their evidence is one practical reform that could reduce re-traumatisation while supporting participation in the justice system.
"This review provides an opportunity not only to strengthen protections for counselling records, but to have a broader conversation about how we build a justice system that better supports victim-survivors and their wellbeing."
ENQUIRIES: For more information, or to arrange an interview, call Dishi Gahlowt on +61 437 315 911 or email media@ranzcp.org.
The Royal Australian and New Zealand College of Psychiatrists is a membership organisation that prepares medical specialists in the field of psychiatry, supports and enhances clinical practice, advocates for people affected by mental illness and advises governments and other groups on mental health care. For information about our work, our members or our history, visit www.ranzcp.org.
In Australia: If you or someone you know needs help, contact Lifeline on 13 11 14 or www.lifeline.org.au or the Suicide Callback Service on 1300 659 467 or www.suicidecallbackservice.org.au.
In New Zealand: If you or someone you know needs help, contact Lifeline NZ on 0800 543 354 or www.lifeline.org.nz or the Suicide Crisis Helpline on 0508 828 865 or www.lifeline.org.nz/suicide-prevention.
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