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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Procedure Amendment
(Sexual Assault Communications
Privilege) Bill 2002
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Criminal Procedure Act 1986 No 209 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2002
New South Wales
Criminal Procedure Amendment
(Sexual Assault Communications
Privilege) Bill 2002
Act No , 2002
An Act to amend the Criminal Procedure Act 1986 to make further provision with
respect to sexual assault communications privilege.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Criminal Procedure Amendment (Sexual Assault Communications
Privilege) Bill 2002
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Procedure Amendment (Sexual Assault
Communications Privilege) Act 2002.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 1.
Page 2
Criminal Procedure Amendment (Sexual Assault Communications
Privilege) Bill 2002
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 148 What is a protected confidence?
Omit paragraph (a) from the definition of counselling communication in
section 148 (4).
Insert instead:
(a) made in confidence by a person (the counselled person)
to another person (the counsellor) who is counselling
the person in relation to any harm the person may have
suffered, or
[2] Section 148 (4), definition of "counselling communication"
Omit "relationship"from paragraph (b).
Insert instead "counselling".
[3] Section 148 (4), definition of "counselling communication"
Omit "who is counselling or otherwise treating, or has counselled or
otherwise treated, the counselled person at any time for any emotional or
psychological condition of the person" from paragraph (d).
Insert instead "who is counselling, or has at any time counselled, the
person".
[4] Section 148 (5)
Insert after section 148 (4):
(5) For the purposes of this section, a person counsels another
person if:
(a) the person has undertaken training or study or has
experience that is relevant to the process of counselling
persons who have suffered harm, and
(b) the person:
(i) listens to and gives verbal or other support or
encouragement to the other person, or
Page 3
Criminal Procedure Amendment (Sexual Assault Communications
Privilege) Bill 2002
Schedule 1 Amendments
(ii) advises, gives therapy to or treats the other
person,
whether or not for fee or reward.
[5] Schedule 2 Savings, transitional and other provisions
Insert after clause 24:
Part 6 Provisions consequent on Criminal Procedure
Amendment (Sexual Assault Communications
Privilege) Act 2002
25 Application of Part 7
(1) The amended Part does not apply in relation to criminal
proceedings the hearing of which began before it was amended.
The Part, as in force before it was amended, continues to apply
in relation to such proceedings.
(2) The amended Part applies in relation to a requirement (whether
by subpoena or other procedure) to produce a document on or
after its amendment even if the requirement was issued before
it was amended.
(3) The amended Part applies in respect of a protected confidence
whether made before or after it was amended.
(4) In this clause:
amended Part means Part 7 as amended by the amending Act.
amending Act means the Criminal Procedure Amendment
(Sexual Assault Communications Privilege) Act 2002.
protected confidence has the meaning it has in Part 7.
Page 4
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