Evidence Act 1939

In this Part:

committal proceedings means a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928.

confidential communication means:

(a) a communication, whether oral or written, made in confidence by a victim to a counsellor or to a victim by a counsellor in the course of the relationship of counsellor and client and includes:

(i) a communication that is not made in connection with the sexual offence or alleged sexual offence or a condition arising from the sexual offence or alleged sexual offence; and

(ii) a communication made in the presence of a parent or carer of the victim or any other person who is present to facilitate communication between the victim and the counsellor or to otherwise further the counselling of the victim; or

(b) a communication, whether oral or written, made about the victim to the counsellor by the parent, carer or other person referred to in paragraph (a)(ii) or by the counsellor to the parent, carer or other person; or

(c) a communication referred to in paragraph (a) or (b) that is made before or after the acts constituting the sexual offence committed against the victim occurred or are alleged to have occurred; or

(d) a record (including an electronic record) kept by a party to a confidential communication or any other person of the confidential communication or of any observation, opinion, advice, recommendation or other matter relating to the confidential communication; or

counsellor means a person who is treating a victim for an emotional, psychological or psychiatric condition.

harm includes physical bodily harm, financial loss, stress or shock, damage to reputation or shame, humiliation, fear or other emotional, psychological or psychiatric harm.

party to a confidential communication means:

(b) the counsellor to whom or by whom the confidential communication is made; or

(c) a parent, carer or other person referred to in paragraph (a)(ii) of the definition of confidential communication.

victim means a victim or alleged victim of a sexual offence.