Evidence (Miscellaneous Provisions) Act 1991

In this division:

civil proceeding does not include a criminal proceeding.

counselled person—see section 79A (1).

counselling means counselling, therapy or treatment for an emotional or psychological condition, whether or not the counselling, therapy or treatment is provided for remuneration.

counsellor means a person who—

has undertaken training or study, or has experience, relevant to the process of counselling people who have suffered harm; or

is supervised by someone to whom paragraph (a) applies.

criminal proceeding means—

a proceeding for any offence; or

a sentencing proceeding for a person convicted or found guilty of any offence; or

an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraph (a) or (b); or

an interlocutory proceeding in, or a proceeding ancillary to, a proceeding mentioned in paragraphs (a) to (c);

but does not include a preliminary criminal proceeding.

document recording a protected confidence includes––

a copy, reproduction, republication, duplicate or summary of, or extract from, a document recording a protected confidence; and

the part of a document recording a protected confidence; and

the part of a document containing a report, observation, opinion, advice, recommendation or anything else in relation to a protected confidence that is—

made or given by the person who made the protected confidence; or

made or given by a third party mentioned in section 79A (4) in whose presence the protected confidence is made; and

a copy, reproduction, republication, duplicate or summary of, or extract from, the part of a document mentioned in paragraph (b) or (c).

harm includes––

actual physical harm; and

stress or shock; and

prejudice to privacy; and

emotional or psychological harm, including, for example, shame, humiliation and fear; and

damage to reputation; and

financial loss.

preliminary criminal proceeding means—

a committal proceeding for any offence; or

a proceeding in relation to bail for a person charged with any offence; or

an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraph (a) or (b); or

an interlocutory proceeding in, or a proceeding ancillary to, a proceeding mentioned in paragraphs (a) to (c).

proceeding means a civil or criminal proceeding.

protected confidence––see section 79A (1).

protected confidence evidence means––

oral or written evidence that would disclose a protected confidence; or

a document recording a protected confidence; or

oral or written evidence that would disclose the contents of a document recording a protected confidence.