Counselling records only admissible in court where risk of unfair trial exists

Cabinet approves legislation limiting use of counselling notes in trials, alongside historical justice measures and new bail provisions

The Government's legislation stops short of an outright ban called for by sexual violence survivors. Picture: iStock

The use of counselling notes in trials will only be permitted where there is a risk of an unfair trial, according to plans approved by Cabinet.

Justice minister Jim O’Callaghan brought legislation to Cabinet, which will ensure records are only released where a judge decides after a disclosure hearing that they contain evidence relevant to legal proceedings.