4.17 Sexual Assault Communications Privilege

4.17.1 - Protected Confiders

Legal aid is available to a person who is a protected confider seeking to oppose:

  • the production of protected confidences, and/or
  • the adduction of evidence in relation to protected confidence

in criminal law and civil law proceedings where the sexual assault communication privilege applies.

There is no means test applied in these matters.

 

Note: For the purposes of this policy 'protected confidences' are communications protected under Chapter 6, Part 5, Division 2 of the Criminal Procedure Act 1986 (NSW) and Chapter 3, Part 3.10, Division 1B of the Evidence Act 1995 (NSW).

Note: The Criminal Law Fee Scale applies to these grants of aid. 

4.17.2 - Appeals under s5F of the Criminal Appeal Act 1912 (NSW)

Legal aid is available to protected confiders for an appeal under s5F of the Criminal Appeal Act 1912 (NSW).

To be eligible for legal aid the applicant must satisfy:

  • the Merit Test,
  • Legal Aid NSW is satisfied it is an appropriate expenditure of limited public legal aid funds, and
  • that there is a significant issue of public interest.

 

Note: For the purposes of this policy 'protected confidences' are communications protected under Chapter 6, Part 5, Division 2 of the Criminal Procedure Act 1986 (NSW) and Chapter 3, Part 3.10, Division 1B of the Evidence Act 1995 (NSW).

Note: Legal aid may also be available to protected confiders for appeals to the Court of Criminal Appeal and the High Court: See Criminal law policy 2.4: Appeals and reviews.

Note: See Criminal law guideline 2.1 for guidance on considering whether the applicant satisfies Merit Test for responding to an appeal to the Court of Criminal Appeal.

Note: The Criminal Law Fee Scale applies to these grants of aid. 

4.17.3 - Subpoena to a complainant

Legal aid is available to a complainant in sexual assault proceedings to object (in whole or in part) to a subpoena seeking the production of their personal records.

To be eligible for legal aid the applicant must satisfy:

There is no means test applied in these matters.



Note: Personal records may include diaries, journals, mobile phone or access to electronic evidence such as emails, social media or chat application history.

Note: The Criminal Law Fee Scale applies to these grants of aid. 

Date last published: 22 July 2025