Confidentiality in Counselling: What You Need to Know About Your Privacy in Australia


When you step into a counselling room for the first time, you may be carrying stories, fears or struggles that you have kept hidden from others. Knowing that your conversations will be treated confidentially can make it easier to speak openly and begin working through what is happening in your life.

Confidentiality is one of the foundations of a trusting counselling relationship. It helps create a space where you can explore difficult emotions, relationship concerns, personal experiences and sensitive information without feeling exposed or judged.

But what does confidentiality actually mean in Australian counselling? What information can a counsellor share, when might they need to disclose something, and what happens to your personal information after a session?

Understanding your privacy rights and the limits of confidentiality can help you feel more informed and comfortable when beginning counselling.

Confindiatlity framework in counselling

What Does Confidentiality in Counselling Actually Mean?

Confidentiality refers to a counsellor's professional and legal responsibilities to protect the personal information you share during counselling.

This includes what you discuss in sessions, your personal details, appointment information, counselling notes and other records held by the practice.

Confidentiality is not simply a professional courtesy. It is an important part of ethical counselling practice and is supported by Australian privacy legislation and professional standards.

In Australia, professional associations such as the Australian Counselling Association (ACA) and the Psychotherapy and Counselling Federation of Australia (PACFA) provide ethical frameworks and professional guidance for their members.

The ACA's Code of Ethics and Practice specifically addresses confidentiality, client records and the importance of explaining any limitations to confidentiality.

What Does Confidentiality Cover?

Confidentiality generally includes:

  • What you share in sessions: Your experiences, thoughts, feelings and personal circumstances are treated as confidential.

  • Your personal information: Details such as your name, contact information and appointment history are protected.

  • Counselling records: Session notes and other records must be handled and stored securely.

  • Communication: Information is not routinely shared with family members, partners, employers or other professionals without an appropriate basis.

  • Digital information: Electronic records, emails, online appointments and other communication must be managed with appropriate privacy and security safeguards.

Confidentiality also applies to how counsellors discuss their work with supervisors and colleagues. Where client information is used for professional supervision or consultation, identifying details should be protected wherever possible and handled in accordance with relevant professional and legal requirements.

The Australian Legal and Ethical Framework

Counselling confidentiality in Australia is supported by several legal and professional frameworks.

The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out requirements for how covered organisations handle personal information, including sensitive health information.

Importantly, private health service providers who hold health information can be covered by the Privacy Act even if they operate as a small business.

The Office of the Australian Information Commissioner (OAIC) explains which health service providers are covered by the Privacy Act.

In Victoria, the Health Records Act 2001 (Vic) and the Victorian Health Privacy Principles may also apply to organisations handling health information.

Professional codes provide further guidance about how counsellors should manage confidentiality, informed consent, professional supervision and client records.

You can read more through:

These frameworks help guide counsellors in protecting your information and being transparent about how it may be used or disclosed.

Why Confidentiality Matters in the Counselling Relationship

Confidentiality does more than protect your personal information. It helps create the trust needed for meaningful therapeutic work.

When you feel confident that your information will be treated respectfully, you may find it easier to talk about experiences you have struggled to share elsewhere.

You might want to discuss relationship difficulties, family conflict, grief, anxiety, past experiences, personal decisions or feelings you find difficult to understand.

Having a confidential space can help you:

  • Speak more openly about what is happening.

  • Explore difficult emotions without feeling judged.

  • Discuss experiences you may not feel comfortable sharing with family or friends.

  • Understand patterns in your relationships and behaviour.

  • Work towards personal goals with greater confidence.

Confidentiality does not mean your counsellor will agree with everything you say. It means your experiences will be approached with respect, care and appropriate professional boundaries.

Building Trust From the First Session

A counsellor should explain confidentiality and its limitations before you begin sharing sensitive information.

This is usually part of the initial consultation or intake process. It gives you an opportunity to understand how your information is handled and ask questions before counselling begins.

At The Connection Room, we believe that being clear about confidentiality helps establish a respectful and trusting counselling relationship from the beginning.

You can also read our Counselling FAQs, including information about confidentiality, to learn more about what to expect when accessing counselling.

Understanding the boundaries allows you to make informed decisions about the counselling process and what you feel comfortable sharing.

The Limits of Confidentiality: When Can a Counsellor Share Information?

Confidentiality is important, but it is not absolute.

There are circumstances where a counsellor may be legally required or ethically permitted to disclose information without your consent.

These situations are generally related to serious safety concerns, legal requirements or specific reporting obligations.

A counsellor should explain these limitations clearly rather than giving the impression that everything discussed can never be disclosed.

Serious Risk of Harm

A counsellor may be able to disclose relevant information when they reasonably believe it is necessary to prevent or reduce a serious threat to someone's life, health or safety.

This may include circumstances involving:

  • A serious and immediate risk of harm to yourself.

  • A serious threat to another person.

  • Circumstances where disclosure is necessary to help protect someone from significant harm.

Having difficult thoughts, discussing past experiences or expressing distress does not automatically mean confidentiality will be broken.

Counsellors consider the circumstances, the level of risk and their legal and ethical responsibilities. Where it is safe and appropriate, they will generally try to discuss any necessary action with you.

The OAIC explains the circumstances in which health information may be disclosed to lessen or prevent a serious threat in its guidance on using and disclosing health information.

Child Protection and Mandatory Reporting

Child protection reporting requirements in Australia vary depending on the state or territory and the professional role of the person involved.

It is important to understand that not every counsellor is automatically a mandatory reporter under every state's legislation.

In Victoria, mandatory reporting obligations under the Children, Youth and Families Act 2005 apply to specified professional groups. These include registered psychologists, teachers, doctors, nurses and certain other professionals.

A counsellor may also have reporting responsibilities because of their employment, professional role, workplace policies or other applicable legal obligations.

Even where a counsellor is not personally included in a mandatory reporter category, they may still have legal or ethical responsibilities when a child is at risk of significant harm.

For further information, see the Victorian Government's mandatory reporting guidance.

Court Orders and Legal Requirements

In some circumstances, a counsellor may receive a subpoena or other legal request requiring them to provide records or information.

A subpoena is a formal legal document requiring a person to produce documents or attend court.

This does not mean that every request for counselling records must automatically be accepted or that all records will necessarily be disclosed. The nature of the request, the relevant legal requirements and any available grounds to challenge or limit disclosure need to be considered.

If a counsellor receives a subpoena or court order, they may need to seek legal advice or guidance from their professional association or insurer.

The OAIC provides further information about disclosure under legal requirements in its health privacy guidance.

Confidentiality limits and exceptions

When Can Your Counsellor Share Information With Someone Else?

There may be times when sharing information with another professional could support your care.

For example, you might want your counsellor to communicate with your GP, psychiatrist or another healthcare provider.

In most circumstances, this requires your informed consent unless a specific legal or other permitted basis applies.

You should be able to understand:

  • Who the information will be shared with.

  • What information will be provided.

  • Why it is being shared.

  • Whether the information will be shared once or on an ongoing basis.

You can ask questions about the proposed disclosure and discuss what you are comfortable sharing.

What About Professional Supervision?

Counsellors may participate in professional supervision or consultation as part of maintaining safe and ethical practice.

Supervision gives counsellors an opportunity to reflect on their work, consider different perspectives and maintain professional standards.

This does not mean your personal information should be casually shared or discussed.

Counsellors should take appropriate steps to protect your identity and handle any information used in supervision in accordance with their professional and legal obligations.

What If My Partner or Family Member Contacts My Counsellor?

Your counsellor will not ordinarily confirm or discuss your counselling attendance, appointments or progress with another person without an appropriate basis.

This includes partners, parents, family members and friends.

Even if someone contacts your counsellor because they are concerned about you, your counsellor must consider your privacy and confidentiality obligations before responding.

If you would like your counsellor to involve someone else in your care, you can discuss this and provide consent where appropriate.

Confidentiality in Couples and Family Counselling

Confidentiality can become more complex when more than one person attends counselling.

In couples counselling, both partners are participating in the therapeutic process. It is important that expectations about privacy are discussed before counselling begins.

For example, a counsellor may have a policy about how information shared individually between sessions is handled.

Some counsellors use a no-secrets policy, meaning information shared privately with one partner may need to be brought into the joint counselling process, depending on the agreement made at the beginning.

Other counsellors may maintain separate confidentiality for individual conversations.

Neither approach should be assumed. The counsellor should explain their policy clearly and ensure both people understand and agree to the arrangements.

This is particularly important when working through sensitive issues such as trust, infidelity, relationship conflict or separation.

You can read more about couples counselling at The Connection Room.

What Happens to Your Counselling Records?

Counsellors may keep records to support continuity of care, document professional decisions and maintain appropriate clinical records.

These records are not usually verbatim transcripts of everything discussed. They generally contain relevant information needed to support the counselling process.

What Might Be Included in Counselling Notes?

Counselling records may include:

  • Presenting concerns and relevant background information.

  • Counselling goals and agreed treatment plans.

  • Session dates and duration.

  • Relevant observations and progress.

  • Risk assessments and safety considerations.

  • Interventions and strategies discussed.

  • Referrals and professional consultations.

Counsellors should record information appropriately, accurately and respectfully.

How Are Counselling Records Stored?

Personal and health information must be protected against misuse, loss and unauthorised access.

Depending on the practice, records may be stored electronically, in secure physical files or through a practice management system.

Appropriate safeguards may include:

  • Restricted access to client records.

  • Secure passwords and account access.

  • Secure storage of physical documents.

  • Appropriate data protection and backup procedures.

  • Careful management of emails and electronic communication.

  • Secure disposal when records are no longer required to be retained.

How Long Are Counselling Records Kept?

There is not one universal retention period that applies to every counsellor and every type of counselling record in Australia.

Record retention requirements can depend on the applicable state or territory legislation, the type of service, the age of the client, the professional setting and relevant organisational or professional requirements.

Counsellors should have a clear record-retention and secure-destruction policy that meets their legal and professional obligations.

If you are unsure, you can ask your counsellor how long your records are kept and how they are securely disposed of when they are no longer required.

Can You Access Your Counselling Records?

In Australia, privacy legislation provides individuals with rights to request access to personal information held about them, subject to applicable exceptions.

There may be circumstances where access can be limited, such as where providing the information would create a serious risk to someone's safety or unreasonably affect another person's privacy.

You can ask your counsellor how to make an access request and what the process involves.

You can find more information through the OAIC's guidance on accessing health information.

Confidentiality in Different Counselling Settings

The way counselling is delivered can affect how privacy is managed. The same commitment to confidentiality applies, but there are different practical considerations.

In-Person Counselling

Face-to-face counselling takes place in a physical environment where privacy needs to be considered.

This may include:

  • Private consulting rooms.

  • Appropriate sound privacy.

  • Secure storage of written records.

  • Careful management of appointment information.

  • Professional boundaries in shared waiting areas.

You should feel comfortable asking your counsellor how your privacy is protected within the practice.

Online and Telehealth Counselling

Online counselling can provide flexibility and accessibility, particularly for people who cannot easily attend appointments in person.

However, it also introduces additional privacy considerations.

These may include:

  • The platform being used: Ask what video platform is used and how it manages privacy and security.

  • Your environment: Find a private space where you can speak freely without being overheard.

  • Electronic records: Understand how session notes and personal information are stored.

  • Communication between sessions: Ask whether email, text messages or other communication channels are appropriate for sensitive information.

  • Session recordings: Ask whether sessions are recorded. If recording is proposed, understand why and how consent, storage and access will be managed.

It is important not to assume that every online platform offers the same level of privacy or encryption.

Confidentiality and Technology

Technology is now part of many counselling practices, from appointment bookings to electronic records and online consultations.

Counsellors need to consider how personal information is collected, stored, accessed and protected across these systems.

The OAIC Guide to Health Privacy provides guidance for health service providers on managing health information and meeting privacy obligations.

Questions to Ask Your Counsellor About Confidentiality

You have every right to understand how your information is handled.

If you are beginning counselling or have concerns about privacy, asking a few direct questions can help you feel more comfortable.

You might ask:

  1. How do you protect the information I share in counselling?

  2. What are the limits of confidentiality?

  3. When might you need to share information without my consent?

  4. How are my counselling notes stored?

  5. Who can access my records?

  6. Do you discuss client work in professional supervision?

  7. Can I request access to my counselling records?

  8. How is confidentiality managed during online counselling?

  9. If I attend couples counselling, how do you manage information shared individually?

  10. How long do you keep counselling records?

A professional counsellor should be comfortable explaining their confidentiality practices and answering your questions.

You can also read more about counselling and relationships through The Connection Room's articles and resources.

What If You Feel Unsure About Sharing Something?

It is understandable to feel hesitant about discussing something personal.

You might worry about being judged, wonder whether something you say could be reported, or feel uncertain about what your counsellor is allowed to share.

You do not have to ignore these concerns or push yourself to disclose something before you feel ready.

Talk About Your Concerns First

You can start by saying:

"I want to talk about something, but I'm worried about confidentiality. Can you explain how that information would be handled before I share it?"

You can also ask hypothetical questions to help you understand the boundaries.

Your counsellor should take the time to explain the relevant limits and help you understand your options.

Asking a question about confidentiality does not, by itself, mean that information must be disclosed. However, the way a counsellor responds to information you do share will depend on the circumstances and any applicable legal or safety obligations.

Confidentiality Is About Creating Safety

The purpose of confidentiality is to support a respectful and trusting counselling relationship.

Where a counsellor has a legal or ethical reason to disclose information, they should consider what is necessary, who needs to receive it and how the disclosure should be handled.

Where it is safe and appropriate, they should discuss the situation with you before taking action.

Confidentiality Beyond the Counselling Session

A counsellor's responsibility to protect your privacy does not end when your appointment finishes.

Professional boundaries also influence how counsellors behave outside the counselling room.

These boundaries may include:

  • Not discussing your counselling with others.

  • Taking care not to identify you when discussing professional work.

  • Respecting your privacy if you unexpectedly meet in public.

  • Avoiding inappropriate personal or social media contact.

  • Maintaining professional boundaries when communicating outside appointments.

For example, if you see your counsellor at the shops, they may avoid approaching or acknowledging you first. This is not intended to be unfriendly. It is a way of respecting your privacy and allowing you to decide whether you wish to acknowledge the professional relationship.

Confidentiality in Practice: Understanding Common Situations

It can be helpful to consider how confidentiality might apply in everyday counselling situations.

You discuss relationship difficulties.

  • Your counsellor will generally keep this information confidential.

  • They will not routinely contact your partner or family to discuss what you have shared.

You discuss past trauma.

  • This is generally part of the confidential counselling process.

  • Your counsellor will consider any current safety concerns separately.

You talk about difficult or distressing thoughts.

  • Sharing distressing thoughts does not automatically mean confidentiality will be broken.

  • Your counsellor will explore the nature and level of any safety concerns.

You express a serious intention to harm yourself or someone else.

  • Your counsellor may need to take steps to help protect safety.

  • The circumstances, level of risk and relevant legal and ethical obligations will guide the response.

You disclose concerns about a child's safety.

  • The counsellor will consider the relevant child protection laws and professional responsibilities.

  • Reporting obligations vary depending on the counsellor's role and jurisdiction.

Your GP requests information about your counselling.

  • Your counsellor will generally need your consent before sharing information, unless another lawful basis applies.

Your employer requests information about your sessions.

  • Your employer does not automatically have access to your counselling records.

  • Any disclosure must have an appropriate legal or consent-based basis.

A counsellor receives a subpoena.

  • The counsellor must consider the legal requirements and may need to seek legal advice.

  • The subpoena does not necessarily mean every record will automatically be disclosed.

These examples are general explanations. The appropriate response will depend on the individual circumstances and the laws that apply.

Building a Counselling Relationship Based on Trust

Confidentiality provides an important foundation for counselling, but trust develops through the relationship itself.

It grows when you feel listened to, respected and understood. It also develops when your counsellor is clear about professional boundaries, explains the counselling process and takes your privacy seriously.

Whether you are working through relationship difficulties, grief, anxiety, family concerns or a significant life change, counselling should provide a respectful space where you can explore what is happening and work towards meaningful change.

At The Connection Room in Essendon, we understand the importance of creating a supportive environment where clients feel comfortable discussing personal experiences and working through difficult issues.

You should never feel that you have to understand every privacy rule before beginning counselling. You should, however, feel comfortable asking questions and receiving clear answers.

Making Confidentiality Work for You

You can take an active role in understanding and protecting your privacy during counselling.

Consider the following:

  • Ask about confidentiality before sharing sensitive information.

  • Read the practice's privacy policy and informed consent information.

  • Understand the limits of confidentiality.

  • Ask how your records are stored and who can access them.

  • Discuss any concerns about online counselling or electronic communication.

  • Ask how confidentiality works if you attend couples or family counselling.

  • Let your counsellor know if you feel uncertain or uncomfortable about privacy.

Confidentiality is not about creating secrecy. It is about protecting your personal information, respecting your autonomy and creating the conditions for honest and meaningful counselling.

When you understand how your privacy is protected and where the boundaries lie, you can make more informed decisions about your counselling experience and feel more confident taking the next step.

Confidentiality and Counselling at The Connection Room

At The Connection Room, we understand that choosing to speak with a counsellor can feel like a big step. You may be sharing things you have never spoken about before, and feeling safe, respected and understood is an important part of that process.

Confidentiality is central to building a trusting counselling relationship. We aim to create a space where you can speak openly, knowing that your privacy is respected and that any limits to confidentiality are explained clearly.

Whether you are seeking individual counselling or couples counselling, we encourage you to ask questions about confidentiality, privacy and how your information is managed. You should feel comfortable understanding what to expect before beginning counselling.

If you would like to know more about counselling at The Connection Room, you can explore our services and frequently asked questions:

Taking the first step towards counselling should feel safe. Having a clear understanding of confidentiality can help you make an informed decision and feel more comfortable beginning the process.



Samantha Payne

Registered Counsellor supporting individuals and couples to build healthier relationships, communication and emotional wellbeing

https://www.theconnectionroom.com.au
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