EVIDENCE ACT 1906 - SECT 19G
EVIDENCE ACT 1906 - SECT 19G
19G . Public interest test
(1) In determining the
application for leave, the court may grant leave to disclose, or require the
disclosure of, the protected communication if, and only if, the court
determines that it is in the public interest to do so.
(2) For the purposes
of subsection (1) the court is to have regard to the following —
(a) the
extent to which disclosing, or requiring the disclosure of, the protected
communication is necessary to allow the applicant for leave to make a full
defence;
(b)
whether the evidence of the protected communication or the contents of the
document recording the protected communication will have substantial probative
value;
(c) the
likelihood that disclosing, or requiring the disclosure of, the protected
communication will affect the outcome of the proceedings;
(d) the
public interest in ensuring that complainants receive effective counselling,
and the extent to which failure to preserve the confidentiality of protected
communications may dissuade complainants from seeking counselling or diminish
the effectiveness of counselling;
(e) the
public interest in ensuring that adequate records are kept of counselling
communications;
(f) the
likelihood that disclosing, or requiring the disclosure of, the protected
communication will cause harm to the complainant, and the nature and extent of
that harm;
(g) any
other matter that the court considers relevant.
[Section 19G inserted: No. 46 of 2004 s. 10.]