Section 10C Family Law Act outlines the need for a family counsellor in family counselling sessions. Family counselling is a procedure in which a family counsellor aids one or more persons in dealing with concerns such as:
- Marriage;
- Personal issues or;
- Child care
Section 10C of the Family Law Act states children who are victims of parental separation or divorce.
Section 10C Family Law Act: What Is A Family Counsellor?
A ‘family counsellor’ is someone who is:
- A licenced therapist; or
- A person authorised by the Minister to act on behalf of a specified organisation.
- Authorised to operate as a family counsellor as a Court employee.
Is The Counselling Confidential?
Unless needed or approved by the Family Law Act, a family counsellor shall not divulge any information given to them during family counselling. Section 10C Family Law Act provides substantial and rather unique protection for family counselling. It is crucial to note that many “family counsellors” will not fall under the definition provided by the Family Law Act.
Evidently, the Family Law Act’s “confidentiality” provisions doesn’t protect family counsellors. Under the Family Law Act, a family counsellor must disclose a communication made during family counselling. This is if they reasonably believe it is essential to comply with a Commonwealth, State, or Territory law.
In the following conditions, a family counsellor may reveal a communication made during family counselling if:
- The individual who made the message has given their permission. If the person is under the age of 18, the counsellor must obtain the permission of those who have parental responsibility for the child.
- Information is being shared about protecting a child from physical, emotional, or psychological abuse;
- Information is being disclosed to avoid or mitigate substantial and impending harm to:
- The life or health of a person
- The person’s property
Will Everything I Say In Counselling Be Admissible In Court?
If Section 10C Family Law Act defines the counsellor, then the answer is usually no. However, keep in mind that many counsellors will fall outside of this criteria. Anything uttered or admitted in front of a family counsellor performing family counselling will not be admissible in court.
If your family counsellor recommends you to another professional, they must inform them of the requirements of evidence admissibility. Only under the following circumstances can evidence of something spoken in family counselling be admissible:
- An adult admits to having mistreated or been in risk of abusing a kid under the age of 18 or;
- A child under the age of 18 making a disclosure shows that the child has been mistreated or is at risk of being abused.
Even in those situations, the Court can declare the family counsellor’s testimony inadmissible if other sources present sufficient evidence.
Section 10C Family Law Act: JB Solicitors’ Advice
Section 10C of the Family Law Act defines a proper family counsellor. Firstly, you can check if they have accreditations and are eligible for family counselling sessions. There can be instances where a family counsellor can refer you to another professional. If this happens, make sure they’re aware of the laws about communication admissibility.
Looking to enter a family counselling session? Make sure you’re equipped with proper legal advice from JB Solicitors. Our family-friendly solicitors will guide you with negotiations and discussions before you enter family counselling sessions.
Contact our family solicitors today.
