Family law in Australia is one of the most personal and emotionally charged areas of legal practice. Whether it involves parenting arrangements, property settlements, or family violence matters, the information shared during these proceedings is often deeply private and sensitive. As society becomes more conscious of data protection and privacy, recent changes in Family Law provisions have placed confidentiality front and center – reinforcing the principle that sensitive details about families must be treated with the utmost care. 

The Role of Confidentiality in Family Law  

When people engage with separation, they are often required to share information that reveals the most intimate parts of their lives – their finances, health, relationships, and even their children’s well-being. Without strong confidentiality protections, this information could easily be misused or publicly exposed, leading to distress and long-term consequences. 

Confidentiality safeguards not only protect the dignity of the individuals involved but also help maintain trust in the legal process. It encourages parties to be open and honest, knowing that what they disclose in mediation or court will not be used against them outside those settings. 

How is it protected in the Family Law Provision? 

Section 102BA of the Family Law Act 1975 (Cth) defines protected confidence 

  A protected confidence is a communication made: 

 (a)  in the course of, or in connection with, a relationship in which one person is acting in a professional capacity to provide a professional service to another person; and 

 (b)  in circumstances in which the confidant is under an obligation not to disclose communications made to them by, or in relation to, the protected confider (whether the obligation is express or inferred from the nature of the relationship). 

Who and What Is Protected? 

These new shields for privacy cover a wide range of professional relationships-doctors, psychiatrists, counsellors, social workers, sexual assault and domestic violence specialists, and even pharmacists. And it’s not just the words you say, it’s their notes, emails, letters, electronic records-the whole bundle of personal information you’re trusting them to keep safe. 

It doesn’t matter if you’re a parent fighting for your kids’ best interests, a survivor rebuilding after trauma, or simply someone struggling with health-your protected confidence now has strong legal protection. 

Courts, practitioners, and even online platforms used in family law matters are now under increased obligations to safeguard personal data. This includes stricter rules about who can access court records and limits on how information disclosed in proceedings can be shared publicly or with third parties. 

These measures aim to balance two important needs, the transparency of the justice system and the privacy of those who seek help through it. 

Confidentiality in Family Dispute Resolution 

Outside the courtroom, confidentiality plays a critical role in family dispute resolution (FDR). Mediation and other alternative dispute resolution processes rely heavily on privacy to allow honest communication. Parties are encouraged to discuss issues openly without fear that their words will later be used as evidence in court. 

The law recognises this by ensuring that most communications made during FDR sessions are confidential and cannot be disclosed, except in limited circumstances such as threats to safety or disclosures of child abuse. 

Your Secrets Aren’t Evidence by Default Anymore 

Every person who’s sat in a counsellor’s room, finally ready to admit, “I’m not okay,” should know this: what you share-those words spoken through tears, scribbled in notes, stored on your GP’s files-won’t automatically be fed into a legal dispute. The Family Law Act’s new rules around protected confidence mean your journey of healing is now treated with the privacy it deserves. 

You deserve the safety to seek help, to talk through your darkest times, without weighing every word against a future battle in court.  

What Can the Court Actually Do? 

The court has the powers, including but not limited to: 

• Stop you from handing over therapy notes, even if someone is demanding them. 
• Restrict who sees protected documents. 
• Prevent the use of specific evidence. 

If You are Worried – Here is Your First Step 

Fear of exposure should not be another problem when facing family law issues.  

Reach out to Shan Lawyers.  As a dedicated family lawyer Melbourne families rely on, we are here to walk alongside you, listen to your concerns, and safeguard your private story with compassion and expertise.