Safe to speak: Navigating the tension between information sharing, evidence and therapeutic support – Term of Reference (c) 2026

In response to terms of reference endorsed by the Attorney-General, the Council considered whether confidentiality and inadmissibility provisions in the Family Law Act appropriately balance the interests of children and vulnerable parties where safety risks arise.

They also considered whether further guidance is required for parties and family law professionals dealing with exceptions to these provisions, particularly in the context of family counselling, family dispute resolution and post-separation parenting programs.

The report recommends strengthening the protection of sensitive information in family law by:

• expanding confidentiality and inadmissibility provisions to cover all relevant service processes and providers
• improving guidance and subpoena practices
• committing to a robust review and refinement of the new protected confidences regime.

The Attorney-General received this report on 24 June 2026.