Stop Over‑Disclosing: Build a Protected Confidences Checkpoint Now

Family law reforms commencing 6 May 2024, with further changes from 10 June 2025, are reshaping how community legal centres (CLCs) and small legal practices handle client information. Here’s a clear plan to stay compliant, safeguard clients, and keep operations running smoothly.

1) The shift: new compliance obligations with real-world risk

Australia’s family law changes tighten how information is used and shared across the justice system, with stronger emphasis on child safety, protected confidences, and safe handling of sensitive notes (including counselling and family violence material). Expect: more subpoenas, more information-sharing orders, and more scrutiny on what you disclose and why.

Industry signal: The reforms also touch financial/property matters and how courts make parenting orders in the best interests of a child. Even if you’re not a family law specialist, your intake, notes, and portals are now in scope for tighter control.

2) Why this matters operationally

Scenario: A duty lawyer receives a subpoena for counselling notes while an Information Sharing Order is live. Without a protected confidences triage, staff over-disclose. Result: a victim-survivor’s safety plan is exposed, trust erodes, and legal risk rises.

Risk vectors: intake, case notes, file reviews, portal uploads, email attachments, and responses to subpoenas/orders.
Legal anchors: Privacy Act 1988 — APP 6 (use/disclosure) and APP 11 (security); Family Law Act 1975 (Cth), incl. s 4AB (family violence); FCFCOA protected confidences guidance; and from 10 June 2025, courts can order that sensitive information not be used in proceedings.

3) Your new compliance baseline

Map obligations to daily work

APP 6: Disclose only when you have a lawful and documented basis (e.g., valid subpoena, court order, or consent) and only the minimum necessary.
APP 11: Secure storage, access controls, and breach response — especially for remote teams handling case files and portal uploads.
Family Law Act s 4AB: Treat family violence indicators as high-risk; apply harm-minimisation when assessing disclosure.
FCFCOA Protected Confidences: Follow the court’s guidance before disclosing counselling or family violence notes; from 10 June 2025 parties can seek orders to protect sensitive information from use in proceedings.
Best interests of the child: New settings for parenting orders heighten the duty to filter disclosures through a child-safety lens.

4) The Protected Confidences checkpoint (SOP you can deploy today)

Gatekeeper: No counselling/family violence notes leave without senior practitioner sign-off.
Two-part record: Document (a) risk assessment (client safety, family violence factors, s 4AB), and (b) legal basis (order, subpoena, consent) aligned to APP 6 and any FCFCOA guidance.
Order check: Verify scope, dates, and whether an Information Sharing Order or protected confidences issue limits use or further disclosure.
Minimum necessary: Redact, summarise, or provide a schedule of documents rather than full notes when appropriate.
Secure dispatch: Use approved channels; watermark and time-limit access; log who sent what, when, and why.

5) Disclose safely: practical techniques to prevent over‑sharing

Make “safety-first disclosure” your default

Redaction playbook: Remove identifiers, location details, and safety-plan steps unless explicitly required by the order.
Triage templates: Pre-built checklists for subpoenas and information-sharing orders ensure staff ask the right questions fast.
Decision logs: Keep a brief note of assessments and sign-offs for auditability and rapid response if challenged.
Portal discipline: Lock metadata, control versions, and prevent accidental sharing through role-based access.
Breach drills: Rehearse what happens if something slips — isolate, notify, and remediate under your incident protocol.

6) Systems and remote work: create a single source of truth

Distributed teams need crystal-clear instructions and one place to find them.

Single source of truth: Centralise policies, SOPs, and templates; make them searchable and permissioned.
Document your business or get out: Harsh but true — undocumented processes lead to inconsistent disclosures and higher risk.
Remote-ready controls: MFA, data-loss prevention, and restricted download/print for sensitive folders and case portals.
Inclusive service delivery: Implement ICT systems that enhance access for Indigenous clients and other priority cohorts, while embedding confidentiality and consent patterns.

7) Lead the change: resource, measure, and improve

Funding diversification: Seek streams that support compliance uplift, training, and system upgrades so CLCs can meet emerging legal needs.
Change management: Name owners for each SOP; run short, scenario-based refreshers; publish FAQs.
Controls that stick: Quarterly file audits, subpoena response time metrics, and redaction quality checks.
Stakeholder alignment: Keep courts, agencies, and partner services aligned on formats, secure channels, and timelines.

8) 30‑day action plan and next steps

Week 1: Stand up a protected confidences checkpoint; publish the SOP and checklist.
Week 2: Train all staff; run a live-fire subpoena simulation with senior sign-off.
Week 3: Harden systems (MFA, access reviews, portal permissions, redaction tools, logging).
Week 4: Audit five files for disclosure risk; brief leadership on metrics and resourcing needs.

These reforms are here to stay. If you embed a safety-first, law-aligned workflow now, you reduce harm, comply with APP 6/11, honour protected confidences, and protect your service’s reputation.

Stop Over‑Disclosing: Build a Protected Confidences Checkpoint Now