A bid to stop sexual assault survivors having their counselling notes used against them in court has been taken up by a major union group.
The NSW Labor Council and Unions NSW have written a letter to state Attorney-General Michael Daley urging the government to amend the law and give counselling sessions legal privilege.
It comes amid growing calls in Victoria for sexual assault complainants to be given the right to pre-record their evidence ahead of trial.
Under current NSW legislation, defence lawyers can subpoena files from therapy sessions, including voice and video recordings, from sexual assault support services.
Many services comply with the requests to produce the notes rather than mount costly legal challenges, Unions NSW Secretary Mark Morey said.
"Nearly 100,000 Australian women have been sexually assaulted by a co-worker in the last decade, making it a significant workplace issue," Mr Morey said on Friday.
"No survivor should walk into a courtroom and discover that the defendant's lawyers have been reading their therapy sessions."
The letter says that counselling notes should be given absolute privilege, the same status as legal advice.
Such material is currently covered by qualified privilege, meaning a court can grant access if satisfied it is in the public interest, the material has substantial probative value and other evidence to which the communications relate is not available.
"This is a complex area of law and the government is carefully considering these issues," Mr Daley said on Friday morning.
The state government has embarked on other measures to bolster victim support in recent weeks, including scrapping good character as a mitigating factor in sentencing decisions.
However, the NSW Bar Association spoke against that proposal, saying courts must reserve the right to assess all available evidence before making a decision.
Meanwhile, some 18 Victorian organisations, including community legal and sexual assault services, called for alleged rape victims to be included in the groups allowed to pre-record evidence ahead of trial.
Current court processes cause “unnecessary harm and distress” to victim-survivors, an open letter published on Thursday said.
Child witnesses and some vulnerable complainants can do so, but it's not a guaranteed right in Victoria.
That gap leaves many victim-survivors waiting years to give evidence, prolonging trauma and undermining their recovery, campaigners said in a letter to Premier Jacinta Allan and Attorney-General Sonya Kilkenny.
"If I had been able to pre-record my testimony, I could have given my evidence much earlier, when my memories were clearer, and avoided the harm and disadvantage caused by having to wait years for the trial," lived experience advocate Rebecca Hall said.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Redress Support Service 1800 211 028
Lifeline 13 11 14
beyondblue 1300 22 4636
