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

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

Summary

The Victorian government plans to strengthen laws that protect victim-survivors’ confidential counselling records after advocates, including Brittany Higgins, pushed for reform. Higgins criticized the federal government for not acting on a review of sexual violence justice, and Victoria’s attorney general confirmed the state will improve protections, including allowing pre-recorded evidence for complainants.

Key Facts

  • Victoria will strengthen laws to protect victim-survivors’ private counselling and medical records.
  • Brittany Higgins called having her counselling records subpoenaed a violation and criticized federal inaction on sexual violence reforms.
  • An open letter signed by Higgins and MP Georgie Purcell urged the Victorian government to act on these issues.
  • Victoria’s attorney general Sonya Kilkenny confirmed plans to improve laws around confidential counselling notes and pre-recorded evidence.
  • A 2025 Australian Law Reform Commission review found 92% of women didn’t report sexual assault and recommended stronger protections, but the federal government has not responded yet.
  • Tasmania is currently the only Australian state offering full legal protection that stops victim-survivors’ confidential records from being accessed without consent.
  • In Higgins’ 2022 trial, her counselling records were subpoenaed and given to the defense, which Higgins said retraumatized her.
  • The criminal trial of Bruce Lehrmann ended without a verdict due to juror misconduct, but a later defamation case found he likely raped Higgins.
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