Section 299B of the Criminal Procedure Act 1986 (NSW) applies to applications for leave to issue subpoenas under s 298(1), not merely to determining whether a document contains a protected confidence, and the court has power under s 299B(4) to compel production for inspection. However, where the only basis for seeking counselling records is the prospect that the complainant may have failed to disclose abuse during counselling, such records will not have 'substantial probative value' under s 299D(1)(a), particularly where existing evidence already establishes delayed complaint and s 294 would require a warning about the insignificance of failure to complain. Section 299D(1)(c) applies to all leave applications under Division 2 of Part 5, including s 298(1) applications.
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