Meaning of protected confidence—div 4.4.3
79A Meaning of protected confidence—div 4.4.3
For this division, a protected confidence is a counselling communication made by, to or about a person against whom a sexual offence or family violence offence was, or is alleged to have been, committed (the counselled person).
A counselling communication is a protected confidence even if––
it is made before the happening, or alleged happening, of the acts constituting the sexual offence or family violence offence; or
it is not made in relation to––
the sexual offence or any sexual offence; or
a condition arising from the sexual offence or any sexual offence; or
the family violence offence or any family violence offence; or
a condition arising from the family violence offence or any family violence offence.
For this section, a counselling communication is a communication made in circumstances that give rise to a reasonable expectation of confidentiality or a duty of confidentiality—
by the counselled person to a counsellor for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or
to or about the counselled person by the counsellor for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or
by the counselled person to a third party mentioned in subsection (4) for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or
to the counselled person by a third party mentioned in subsection (4) for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or
about the counselled person by a third party mentioned in subsection (4) for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor to—
the counselled person; or
the counsellor; or
another third party to whom subsection (4) applies; or
about the counselled person by a counsellor to someone else who has also been a counsellor for the counselled person; or
about the counselled person to a counsellor by someone else who has also been a counsellor for the counselled person.
For this section, in deciding whether a communication was made in circumstances that gave rise to a reasonable expectation of confidentiality, it does not matter that the communication was made in the presence of a third party, if the third party was present to assist or encourage communication between the counselled person and counsellor or otherwise assist the counselling process.
Examples—third parties
1 a parent, partner, carer, spiritual adviser or other supportive person
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