s 79C
In forceImmunity for protected confidences in preliminary criminal proceedings
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.3Sexual and family violence offence proceedings—protection of counselling communications
79C Immunity for protected confidences in preliminary criminal proceedings
(1)
A protected confidence must not be disclosed in, or for the purposes of, a preliminary criminal proceeding.
(2)
Without limiting subsection (1)––
(a)
a person cannot be required (whether by subpoena, application, notice or any other procedure), in or in relation to a preliminary criminal proceeding, to produce a document recording a protected confidence; and
(b)
protected confidence evidence is not admissible in the preliminary criminal proceeding.
Example––par (a)
A person could not be required to disclose a protected confidence in response to a request for production of documents in a preliminary criminal proceeding.
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