---
title: "Screen counselling communications before they are produced in a protection-order proceeding"
url: "https://ailawframework.com/practice/family-violence-and-protection-orders/screen-counselling-communications-before-they-are-produced-in-a-protecti"
type: "task"
site: "AI Law Framework"
id: "A53-MO20261022-3"
practice_area: "Family Violence & Protection Orders"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Screen counselling communications before they are produced in a protection-order proceeding

> Index documents that may record a counselling communication and tag each one with the speaker, the counsellor, and whether it was made in confidence.…

Canonical page: https://ailawframework.com/practice/family-violence-and-protection-orders/screen-counselling-communications-before-they-are-produced-in-a-protecti  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Violence & Protection Orders](https://ailawframework.com/practice/family-violence-and-protection-orders.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Index documents that may record a counselling communication and tag each one with the speaker, the counsellor, and whether it was made in confidence. List the statutory steps the opened source requires before a subpoena, production or evidence can disclose a protected confidence. Do not summarise the counselling. Do not draft the evidence that would disclose it. |
| What the lawyer must review | The lawyer decides whether the privilege applies, whether leave is required, who must be given notice, and whether the document is produced at all. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Confirm each tagged record meets the opened definition of a counselling communication, and that no counselling content is written out.

- What the AI does: Index documents that may record a counselling communication and tag each one with the speaker, the counsellor, and whether it was made in confidence. List the statutory steps the opened source requires before a subpoena, production or evidence can disclose a protected confidence. Do not summarise the counselling. Do not draft the evidence that would disclose it.
- What the lawyer does: The lawyer decides whether the privilege applies, whether leave is required, who must be given notice, and whether the document is produced at all.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Confirm the index does not quote or paraphrase the counselling.
2. Check the proceeding is one the opened source covers. The bench book states the privilege applies in apprehended violence order proceedings through Evidence Act 1995 s 126H.
3. Do not treat a general medical record as a protected confidence unless it meets s 296.
4. Leave is a lawyer decision. The index stops at the steps in ss 298, 299A and 299C.

## Notes

- Other places have their own counselling privileges. They were not opened for this task, so they are not stated.
- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Judicial Commission of NSW: Sexual assault communications privilege](https://www.judcom.nsw.gov.au/publications/benchbks/sexual_assault/sexual_assault_comm.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/family-violence-and-protection-orders/screen-counselling-communications-before-they-are-produced-in-a-protecti/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*