Kyrkos and Malkin

This matter concerned an application before McClelland DCJ in the District Court. The dispute involved the provision of therapeutic assistance to two children, Z and W, by a clinical psychologist, Ms B, engaged by D Services. The court was required to make orders concerning the engagement of Ms B and the confidentiality of her counselling.

The primary legal issues before the court were whether to grant leave for the Independent Children’s Lawyer to provide certain documents to Ms B, and whether to order that Ms B's counselling of the children be confidential, with Ms B not being required to give evidence or produce documents under subpoena. The court also considered the process by which Ms B would liaise with the children's school.

McClelland DCJ reasoned that it was in the best interests of the children for Ms B to have access to relevant information to assist her in providing counselling. The court therefore granted leave for the Independent Children’s Lawyer to provide Dr C’s expert report and the court’s orders to Ms B. Furthermore, the court ordered that Ms B's counselling of the children be confidential, acknowledging that this would facilitate the therapeutic process and that Ms B would not be required to give evidence or produce documents. The court also directed the Independent Children’s Lawyer to contact Ms B to arrange for her to speak with the children's school personnel.