Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a person (the treatment provider ) has provided treatment under this Chapter; and
(b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Chapter; and
(c) the treatment provider makes a statement during the counselling.
(2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:
(a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or
(b) both of the following apply:
(i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;
(ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.
(3) For the purposes of subsection (2), these are the offences:
(a) an offence under this Part;
(b) an offence against:
(i) section 6 of the Crimes Act 1914 (accessory after the fact); or
(ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);
that relates to an offence under this Part.