Victorian Consolidated Legislation

Evidence Act 1958 - SECT 32B

Definitions

32B. Definitions



(1) In this Division-

confidential communication means a communication, whether oral or written,
made in confidence by a person against whom a sexual offence has been, or is
alleged to have been committed to a registered medical practitioner or
counsellor in the course of the relationship of medical practitioner and
patient or counsellor and client, as the case requires, whether before or
after the acts constituting the offence occurred or are alleged to have
occurred;

counsellor means a person who is treating a person for an emotional or
psychological condition;

harm includes actual physical bodily harm, financial loss, stress, shock,
damage to reputation and emotional or psychological harm (such as shame,
humiliation or fear);

protected confider means a person who made a confidential communication;

protected evidence means evidence that is protected from being produced or
adduced by section 32C(1);



protected identity information, in relation to a person, is information about,
or enabling a person to ascertain, the address (including a private, business
or official address) or telephone number (including a private, business or
official telephone number) of the person;

registered medical practitioner means a medical practitioner registered under
the Health Professions Registration Act 2005;



sexual offence means an offence to which clause 1 of Schedule 1 to the
Sentencing Act 1991 applies.

(2) For the purposes of this Division, a communication may be made in
confidence even if it is made in the presence of a third party if the third
party's presence is necessary to facilitate communication or further the
treatment or counselling process.