Criminal Code Act 1899

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a document if the prosecution reasonably considers the document is a protected counselling communication.

Subsection (1) does not apply if—

for a relevant proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—the document is produced by leave of the court under that subdivision; or

the counselled person to whom the protected counselling communication relates has consented to the production of the document in the proceeding under the Evidence Act 1977, section 14I; or

the document may be produced under the Evidence Act 1977, section 14J.

If the prosecution reasonably considers subsection (1) applies to a document and, apart from this section, the prosecution would have to give the accused person a copy of the document, the prosecution must give the accused person a written notice stating—

that the prosecution is in possession of a document that it considers is a protected counselling communication the disclosure of which is prevented by the Evidence Act 1977, part 2, division 2A; and

a description of the nature and particulars of the document (other than particulars disclosing the content of the protected counselling communication); andExample of particulars—the fact the document contains a counsellor’s notes, the identity of the counsellor and the date the notes were made

that the counselled person to whom the document relates has not consented to the production of the document; and

if the relevant proceeding is a proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—that the accused person may apply to the court for leave under that subdivision enabling the document to be produced.

In this section—counselled person see the Evidence Act 1977, section 14B.protected counselling communication see the Evidence Act 1977, section 14A. sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590APA ins 2017 No. 8 s 4