New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 296

296 What is a protected confidence?

(1) In this Division--

"protected confidence" means a counselling communication that is made by, to or about a victim or alleged victim of a sexual assault offence.

(2) A counselling communication is a protected confidence for the purposes of this Division even if it--

(a) was made before the acts constituting the relevant sexual assault offence occurred or are alleged to have occurred, or

(b) was not made in connection with a sexual assault offence or alleged sexual assault offence or any condition arising from a sexual assault offence or alleged sexual assault offence.

(3) For the purposes of this section, a communication may be made in confidence even if it is made in the presence of a third party if the third party is present to facilitate communication or to otherwise further the counselling process.

(4) In this section--

"counselling communication" means a communication--

(a) made in confidence by a person (the
"counselled person" ) to another person (the
"counsellor" ) who is counselling the person in relation to any harm the person may have suffered, or

(b) made in confidence to or about the counselled person by the counsellor in the course of that counselling, or

(c) made in confidence about the counselled person by a counsellor or a parent, carer or other supportive person who is present to facilitate communication between the counselled person and the counsellor or to otherwise further the counselling process, or

(d) made in confidence by or to the counsellor, by or to another counsellor or by or to a person who is counselling, or has at any time counselled, the person.

(5) For the purposes of this section, a person
"counsels" another person if--

(a) the person has undertaken training or study or has experience that is relevant to the process of counselling persons who have suffered harm, and

(b) the person--

(i) listens to and gives verbal or other support or encouragement to the other person, or

(ii) advises, gives therapy to or treats the other person,

whether or not for fee or reward.