New Protections for Sensitive Information in Family Law
Sharing personal information is often an unavoidable part of resolving family law disputes, particularly in parenting matters where the focus is on the well-being of children.
However, recent amendments to the Family Law Act 1975 have introduced stronger safeguards to ensure that private and sensitive information, such as medical or counselling records, is better protected in Court proceedings.
What’s Changed?
From 10 June 2025, a new Division, Division 1B, was introduced into the Act. This change recognises the importance of keeping certain professional communications confidential during family law proceedings.
The amendments focus on “protected confidences”, communications made in the context of professional services where confidentiality is expected. This includes information shared with:
- doctors,
- psychologists,
- counsellors,
- family violence services,
- sexual assault services, and
- pharmacists.
The Federal Circuit and Family Court of Australia now has clear authority to prevent the use of this information as evidence in certain circumstances.
How the Court Will Decide
The Court may exclude protected information from evidence if:
- There is a real chance of harm, whether physical, emotional, or financial, to the person who shared the information or to a child.
- The potential harm from disclosure outweighs the benefit of the information presented as evidence.
- In parenting cases, the best interests of the child remain the highest priority.
In assessing whether the information should be kept private, the Court must also consider whether the harm can be reduced through other means, such as using only part of the record or applying other conditions to its use.
Why It Matters
These changes aim to encourage people, especially victims of family or sexual violence, to seek professional help without fear that their disclosures could be used against them in Court.
There has long been concern that sensitive counselling or medical records could be subpoenaed and accessed by the other party in proceedings, potentially discouraging victims from accessing support.
Considerations for Litigants
If you’re involved in a family law matter and have engaged with a health professional, support service, or counsellor, it’s worth discussing with your lawyer whether any of those records could be classed as protected confidences.
Applications to withhold this type of evidence can be made by you, the professional who holds the records, or even the Court itself. However, timing and legal arguments are important, so it’s best to raise this early in your matter.
Contact Us
This legislative update is a step forward in safeguarding the privacy and safety of families going through the legal system. While it will take time to see how the new provisions are applied in practice, they reflect a growing recognition of the need to protect individuals, particularly children and survivors of abuse, throughout the family law process.
For more information, contact Bambrick Legal today. We offer a free, no-obligation 30-min consultation for all enquiries.
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Related Blog – Changes to Family Law Property Settlements from 10 June 2025
