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In July 2026 the NSW Attorney General commissioned the University of Sydney Law School’s Professor Rita Shackel to examine how the Sexual Assault Communications Privilege (SACP) operates in NSW.
SACP limits when confidential counselling communications relating to victim-survivors of sexual assault can be accessed and used in criminal proceedings by the defence. SACP seeks to protect the confidentiality of counselling communications and victim-survivors’ privacy in therapeutic relationships, while maintaining fairness in criminal proceedings.
This research aims to understand how the SACP protections work in practice, its effects on victim-survivors and professionals, and whether improvements to law, policy or practice should be considered.
The research team will engage directly with adult victim-survivors and professionals who have direct experience with the SACP in NSW. Professionals include legal practitioners, counsellors, victim-support workers, other people who work in the justice-sector and peak or representative bodies and organisations.
The research will be comprised of:
The research findings will contribute to a broader NSW Government-commissioned evaluation and inform consideration of possible reforms to SACP. The research is being funded by the NSW Department of Communities and Justice (DCJ). The findings are expected to be provided to DCJ in June 2027.
This research has been approved by the Human Research Ethics Committee (HREC) of the University of Sydney [2026/HE001376 and 2026/HE001391]. Ethics approval is being sought from the HREC of the Aboriginal Health & Medical Research Council.
Engagement with Aboriginal and Torres Strait Islander participants in the research will be overseen by a dedicated Aboriginal Research Advisory Group comprised of Aboriginal victim-survivors and professional representatives.
There are several ways people with experience of how the SACP operates in NSW can take part in this research.
Victim-survivors who have direct experience of how the SACP operates in NSW, and who are 18 years of age or older at the time they take part, are eligible to take part in this research.
We are interested in hearing from victim-survivors with a range of experiences and backgrounds. This may include people whose counselling or related records have been sought, accessed or used in connection with criminal proceedings, or who have otherwise had experience of processes relating to the protection or disclosure of their counselling communications.
You do not need to have detailed knowledge of SACP or the law to participate.
We aim to conduct individual interviews of approximately an hour with 35 to 40 victim-survivors. These trauma-informed, semi-structured interviews will explore:
Taking part in this research is voluntary, confidential and participants can pause or stop at any time. Any information shared with the research team will have names and other details removed that could identify the victim-survivor participant or any other person.
We expect this part of the research to take place from November 2026 to March 2027.
If you would like to be involved or to find out if your experience is relevant for the research, please contact the research team at sacp.project@sydney.edu.au.
You may also like to make a written, recorded or oral submission. Read more about submissions below.
Professionals who have knowledge or experience relevant to the operation of the SACP in NSW are eligible to take part in this research.
We are interested in hearing from legal practitioners, prosecutors and defence lawyers, lawyers providing specialist SACP advice or representation, judicial or court personnel, counsellors and other relevant practitioners, victim-support and advocacy professionals, police or other justice professionals, and people working in relevant policy, professional or service organisations.
You do not need to have expertise in every aspect of SACP to participate. We are interested in your professional experience and perspective.
We aim to conduct individual interviews of approximately an hour, or focus group discussions of approximately 90 minutes, with 35 to 40 professionals. These trauma-informed, semi-structured conversations will explore:
We expect this part of the research to take place from November 2026 to January 2027.
If you would like to be involved or to find out if your experience is relevant for the research, please contact the research team at sacp.project@sydney.edu.au.
You may also like to make a written, recorded or oral submission. Read more about submissions below
As part of the research, we are seeking written, recorded or oral submissions from individuals and organisations with knowledge, experience or perspectives relevant to SACP and the protection of counselling and related communications in NSW.
Submissions are open now and close on 1 March 2027.
We welcome submissions from a broad range of individuals, professionals and organisations with relevant experience or expertise. Individual contributors must be aged 18 years or over.
You do not need to address every aspect of SACP to make a submission. We welcome submissions focused on particular issues, professional experiences or areas of expertise. Submissions may be brief and address a single issue or provide a more detailed response to multiple aspects of the research. There is no prescribed format or length for any submission.
If you have any questions about making a submission, please contact the research team at sacp.project@sydney.edu.au.
Chief Investigator, Sydney Law School.
Rita has worked as a lawyer, advocate, policy adviser, researcher, academic and consultant in a range of settings including in academe, government and in non-governmental organisations.
Rita has extensive expertise in socio-legal research concerning sexual and gender-based violence, victim-survivor rights and experiences and criminal justice processes. She has substantial experience in qualitative and empirical research methods, including research involving sensitive subject matter and vulnerable participants. Her expertise also encompasses trauma-informed research approaches, ethical research design, stakeholder engagement and the translation of research findings into evidence-based law and policy reform.
Researcher, Clinical Psychologist. Senior Lecturer, School of Psychology.
Tanja is a Jaru and Bunuba woman, and a registered clinical psychologist with expertise in Aboriginal mental health, social and emotional wellbeing, trauma-informed practice, intergenerational trauma and suicide prevention.
Tanja has extensive experience working with Aboriginal communities, including in rural and remote settings, and brings particular expertise in culturally responsive and trauma-informed approaches to research and practice. Her clinical and research experience is particularly relevant to the safe and sensitive recruitment and engagement of victim-survivors, the conduct of interviews and focus groups, and the interpretation of qualitative evidence concerning trauma, wellbeing and experiences of justice and support systems.
Researcher, Sydney Law School.
Laura has expertise in empirical socio-legal and mixed methods research, particularly research examining how legal frameworks are interpreted and implemented in practice. She has experience conducting qualitative research with legal and justice-sector professionals, courtroom research, survey research and analysis of linked administrative data. She also brings expertise in legal and doctrinal analysis, criminal justice research, stakeholder engagement and the translation of empirical findings into law and policy-relevant research.
Claudia Carr, Research Associate, Sydney Law School.
Savvina-Elisavet Turner, Research Assistant, Sydney Law School.
Anwar Omar, Research Assistant, Sydney Law School.
If you would like to find out more or contact the research team, please email sacp.project@sydney.edu.au.
