EVIDENCE ACT 1977 - SECT 14A Meaning of protected counselling communication

EVIDENCE ACT 1977 - SECT 14A

14A Meaning of protected counselling communication

(1) A
"protected counselling communication" is an oral or written communication made in confidence—

(a) by a counselled person to a counsellor; or

(b) by a counsellor to or about a counselled person to further the counselling process; or

(c) about a counselled person by a parent, carer or other support person who is present to facilitate communication between the counselled person and a counsellor or to otherwise further the counselling process.

(2) However, a communication made to or by a health practitioner about a physical examination of the counselled person conducted in the course of an investigation into an alleged sexual assault offence is not a
"protected counselling communication" .

(3) For subsection (1) it does not matter whether the communication was made—

(a) before or after the act or omission constituting the sexual assault offence committed or allegedly committed against the counselled person occurred; or

(b) in connection with the sexual assault offence, or a condition arising from the sexual assault offence, committed or allegedly committed against the counselled person.

(4) A reference in this division to a protected counselling communication includes a reference to—

(a) a document to the extent it contains a protected counselling communication; or

(b) evidence to the extent it discloses a protected counselling communication.

(5) In this section—


"health practitioner" means a person registered under the Health Practitioner Regulation National Law to practise a health profession.