What stays confidential in family dispute resolution
Family dispute resolution (FDR) practitioners are obliged to keep information people share with them during FDR confidential. This helps the FDR process because people can speak openly. Additionally, most information provided during FDR cannot be used in court.
FDR practitioners have these obligations under the Family Law Act 1975 and the Family Law (Family Dispute Resolution Practitioners) Regulations 2025.
This page contains general information only and is not meant as legal advice.
When confidentiality rules apply
Confidentiality provisions apply when FDR sessions are being conducted by an accredited FDR practitioner. These provisions mean that your FDR practitioner must not disclose any communication they receive during FDR to anyone else unless the law requires them to do so.
You should confirm that your FDR practitioner is an accredited practitioner before you start FDR. You can check if someone is accredited on the Family Dispute Resolution Register.
People who are not accredited FDR practitioners, including intake officers or assistants, are not covered by the confidentiality protections.
Exceptions to confidentiality rules
Sometimes an FDR practitioner might need to disclose things that you have said in FDR. The Family Law Act requires them to disclose some information. It also allows FDR practitioners to disclose other information in certain circumstances.
An FDR practitioner must disclose a communication made in FDR if they reasonably believe that the disclosure is necessary for the purpose of complying with a law of the Commonwealth, a State or a Territory. For example, they might need to comply with legislation requiring mandatory disclosure of suspected child abuse.
An FDR practitioner may disclose something said in FDR if they reasonably believe that the disclosure is necessary to:
- protect a child from the risk of physical or psychological harm
- prevent or lessen a serious and imminent threat to the life or health of a person
- report or prevent a crime involving violence or a threat of violence to a person
- prevent or lessen a serious and imminent threat to the property of a person
- report or prevent a crime involving intentional damage to a person’s property (or a threat of damage to property)
- help an independent children’s lawyer to properly represent a child’s interests.
An FDR practitioner is allowed to disclose something you told them if you give them your consent. Where the communication was made by a child under 18, both parents must consent. If agreement cannot be reached, the matter may be referred to the court for a decision.
An FDR practitioner is also allowed make disclosures for relevant research purposes, as long as the information provided does not identify you. That is, it cannot be ‘personal information’ as defined in section 6 of the Privacy Act 1988. ‘Personal information’ is information, or an opinion, from which an individual’s identity is apparent or can reasonably be found out.
Intake officers are not bound by confidentiality rules
An intake officer may have to ask you a number of questions before you speak to an accredited FDR practitioner, to help the organisation or FDR practitioner determine if FDR is suitable for you.
An assessment of suitability for FDR is only confidential when it is conducted by an accredited FDR practitioner.
If this is process is completed with another person, for example an intake officer who is not an FDR practitioner, then this information is not covered by the same protections.
If you are worried about sharing something, you should ask to speak to an accredited FDR practitioner.
Most information cannot be used in court
In court, evidence is ‘admissible’ if it is allowed to be used as evidence to help the judge make a decision.
Things that you say during FDR are not admissible in any court or proceedings, in any jurisdiction, unless they concern child abuse. This means that even if you cannot agree in FDR and you have to go to court, the judge will not use anything you say during FDR when they are making a decision in court, unless it relates to child abuse.
If your FDR practitioner refers you to a different person for a professional consultation, anything you say to that person is also protected and will not be admissible in court unless it relates to child abuse.
Exceptions in court
If someone admits or discloses that a child under 18 has been abused, or is at risk of abuse, the court may admit that information as evidence.
Trainee FDR practitioners and confidentiality
Confidentiality provisions don’t apply to someone who is training to become an FDR practitioner. Before you start a session, the trainee should sign a confidentiality agreement to confirm that they will keep everything you say confidential.
If an FDR practitioner is in the room, anything you say during FDR is not admissible.This means as long as an accredited FDR practitioner is conducting or supervising the session, the things you say cannot be used in court even if the trainee is subpoenaed (unless an exception applies).
If you are concerned, you should speak to the accredited FDR practitioner responsible for the FDR. They can help you set up a confidentiality agreement and give you more information about what can be used in court.
Subpoenas
A subpoena is a legal document that a court issues at the request of a party. It requires a person to do one or both of the following:
- produce documents
- give evidence to the court.
The notes your FDR practitioner keeps may be the subject of a subpoena. However, because of the provisions in the Family Law Act that protect things that you say in FDR, your practitioner is able to object to the subpoena.
The court may need to inspect the documents to determine whether they should be provided to the party who issued the subpoena. If they are not admissible, they will not be provided to the requesting party.
If you need legal advice about objecting to a subpoena, you can call the Family Relationship Advice Line on 1800 050 321. They can provide free information and simple advice about family law.