Section 10D Family Law Act discusses confidentiality of communications in family counselling. Since 2006, the majority of separated parents have had to go through family dispute resolution before going to court. Before the Court sets final parenting orders, the Family Law Act requires family counselling.
Section 10D of the Family Law Act contains particular provisions for communication confidentiality and privilege in family counselling. The strict protection of confidentiality in such proceedings, which was formerly provided by statutory and public policy basis, is diminishing. The extent of privilege associated with such systems is increasingly being challenged.
Section 10D Family Law Act: Family Counselling Confidentiality
Family counsellors must maintain confidentiality in all communications made to them except in limited circumstances. First, communications with the approval of the person who made the communication may be revealed. Children under 18 with the parents’ or court’s consent can also do this. Second, family counsellors may reveal communications if they reasonably feel it is essential to:
- Safeguard a child from physical or psychological damage;
- Prevent or mitigate significant and urgent harm to anyone’s life or health; or
- If a crime involving violence or a threat of harm to a person has been committed or is likely to be committed.
Family counsellors can reveal communication. This is if they believe that a Commonwealth, state, or territory legislation requires them to do so. For example, state and territorial regulations require obligatory reporting of children in danger of harm.
Serious Threats To Life, Health, Or Safety
While section 10D of the Family Law Act provides for disclosure of dangers to life and health, such threats must be significant and serious. Furthermore, this provision prohibits family counsellors from specifically allowing disclosures in cases where the purpose is to protect a person’s safety.
The Privacy Act 1988 establishes guidelines for the use and disclosure of personal information in the Information Privacy Principles (IPPs). These guidelines apply to federal government agencies, as well as the National Privacy Principles (NPPs). The NPPs also permit usage and disclosure in order to reduce or prevent:
- A substantial and immediate threat to someone’s safety; or
- significant risk to public health or safety
Women’s Legal Services NSW mention the risk of harm to the individual who reports an assault. Further, they address the need of consenting to information sharing.
According to the Office of the Privacy Commissioner (OPC), individuals sharing personal information to avoid serious threats should seek consent. This method ensures that the affected individual has a reasonable level of control over the sharing of his or her personal information.
Importance Of Seeking Legal Advice
Family counselling should value confidentiality. Section 10D of the Family Law Act states this. Family counsellors can disclose information as long as it is necessary for a person’s protection. JB Solicitors believe that families should seek legal advice before attending counselling sessions.
Our family solicitors can assist in providing legal advice for families to provide information in counselling sessions. This way, families can carefully decide when to, or when not to disclose information to family counsellors.
Contact us today to get legal advice regarding confidentiality in counselling sessions.
