Terms used
20A Terms used
In this section and in sections 20B to 20F —
confidant means a person to whom a communication is made in confidence and includes a journalist as defined in section 20G;
harm includes actual physical bodily harm, financial loss, stress or shock, damage to reputation or emotional or psychological harm, such as shame, humiliation and fear;
protected confidence means a communication made by a person in confidence to another person (the confidant) —
in the course of a relationship in which the confidant was acting in a professional capacity; and
when the confidant was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law or can be inferred from the nature of the relationship between the person and the confidant;
protected confider, in relation to a protected confidence, means the person who made the protected confidence;
protected identity information means information about, or enabling a person to ascertain, the identity of the person who made a protected confidence;
protection provisions (PCR) means this section and sections 20C to 20F.
For the purposes of the protection provisions (PCR), a communication may be made in confidence even if it is made in the presence of a third party if the third party’s presence is necessary to facilitate communication.
[Section 20A inserted: No. 31 of 2012 s. 5.]
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