The Sexual Assault Communications Privilege Service (SACPS) is a victims' legal service that helps protect the privacy of counselling notes and other confidential therapeutic records in criminal proceedings. We support sexual assault victims to claim the privilege when their confidential records are subpoenaed.
Our service aims to protect confidential counselling and therapeutic relationships. We recognise that disclosure of private records causes further trauma to a victim if that information is revealed to the accused or in a public court room. We believe that stopping the disclosure of these records will encourage the reporting and prosecution of sexual assaults.
We provide legal advice and representation to victims of sexual assault and other "protected confiders" who want to prevent or restrict the disclosure of sensitive counselling communications in court. We also assist complainants who wish to consent to the release of private documents in an informed way.
Our Service also assists professionals when responding to subpoenas that seek privileged documents that they hold. Examples of professionals that the SACPS can assist include counsellors, psychologists, education providers and GPs.
Our service is statewide.
Our lawyers have received special training in privilege matters. The role of our lawyers is quite unique. They speak only on behalf of the complainant. They can also assist the court on the operation of the privilege and the complainant's right to privacy.
SACPS has published the Subpoena Survival Guide together with the Women’s Legal Service NSW. The Guide assists counsellors and other professionals by explaining what to do when a court wants confidential client information.
We provide education and training to the legal profession, police, counsellors, medical records staff and other health professionals to promote awareness of the privilege. Our message is STOP. THINK. PROTECT before you obtain or release sensitive sexual assault communications.
Call us on (02) 9219 5888 or email sacps@legalaid.nsw.gov.au.
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