A court is not required to inspect confidential counselling documents under s 32C(6) of the Evidence (Miscellaneous Provisions) Act 1958 (Vic) in every case before determining an application for leave under s 32D(1); the power is discretionary and need not be exercised where the applicant has not demonstrated any material suggesting a basis for further exploration. Post-offending depression and self-harm by a complainant, without evidence of any pre-existing condition, does not establish substantial probative value of counselling records to a fact in issue.
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