Brittany Higgins criticises federal inaction as Victoria moves to protect victim-survivors’ counselling records

Brittany Higgins says having her counselling records subpoenaed by police ‘felt like such a violation’. Photograph: Dean Lewins/AAPView image in fullscreenBrittany Higgins says having her counselling records subpoenaed by police ‘felt like such a violation’. Photograph: Dean Lewins/AAPVictoriaBrittany Higgins criticises federal inaction as Victoria moves to protect victim-survivors’ counselling recordsExclusive: State government commits to strengthening laws as Higgins labels Albanese government’s response to women’s safety issues ‘disheartening’ Get our breaking news email, free app or daily news podcast Benita Kolovos Victorian state correspondentTue 28 Apr 2026 11.00 EDTLast modified on Tue 28 Apr 2026 11.01 EDTSharePrefer the Guardian on GoogleThe Victorian government will strengthen laws regarding the use of victim-survivors’ confidential communications after a push by advocates including Brittany Higgins, who described her experience of having counselling records subpoenaed as a “violation”.In an interview with Guardian Australia, Higgins was also critical of the federal government’s lack of action following a sweeping review into the justice system’s responses to sexual violence, saying it had “completely fallen off the agenda”.But she said the issue was “too important to drop the ball on”, which was why she signed an open letter to the Victorian premier, Jacinta Allan, and the attorney general, Sonya Kilkenny, calling for reform at a state level.The letter, sent to the government on Tuesday and penned by Animal Justice party MP Georgie Purcell, called for greater legislative protections for complainants’ confidential communications – including their counselling, psychiatric and medical records – and asked that all complainants in sexual offence proceedings be given the option to pre-record their evidence.Following questions from Guardian Australia, Kilkenny confirmed the government would pursue the reforms. She said while Victoria had “some of the strongest legal protections” for victim-survivors, there was “always more to be done”.“That’s why we will strengthen the laws around use of pre-recorded evidence and counselling note confidentiality – and I’ll continue speaking with victim-survivors and experts on how to do that,” Kilkenny said.Both issues were considered by the Australian Law Reform Commission (ALRC) review, released by the Albanese government in March 2025, which found “systemic” barriers prevented victim-survivors from accessing justice, with 92% of women choosing not to go to the police after they were sexually assaulted. The ALRC noted Tasmania was the only state that provided absolute privilege, which means victim-survivors’ confidential communications can never be accessed without consent even if they contain relevant evidence.It made 64 recommendations, which the Albanese government is yet to formally respond to.“There’s been no indication about where they want to take the review. It’s been tabled, it’s sat there and we’ve had no mention of it. It’s completely fallen off the agenda,” Higgins said.“For a government that felt like they were representative of women’s safety issues, for them to fall off like this, and to have no follow up, has been disheartening.”Sign up for the Breaking News Australia emailIn the 2022 criminal trial of Bruce Lehrmann, Higgins’ counselling records were subpoenaed by police and formed a part of the brief of evidence, which was handed to the defence.“It felt like such a violation,”…

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