(3) For the purposes of this section, a
communication may be made in confidence even if it is made in the presence of
a third party if the third party is present to facilitate communication or to
otherwise further the counselling process.
(4) In this section--
"counselling communication" means a communication--
(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
(b) made in confidence to or about the
counselled person by the counsellor in the course of that counselling, or
(c)
made in confidence about the counselled person by a counsellor or a parent,
carer or other supportive person who is present to facilitate communication
between the counselled person and the counsellor or to otherwise further the
counselling process, or
(d) made in confidence by or to the counsellor, by or
to another counsellor or by or to a person who is counselling, or has at any
time counselled, the person.
(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
(ii) advises, gives
therapy to or treats the other person,
