New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 300

300 Effect of consent

(1) This Division does not prevent the production of any document recording a protected confidence or the adducing of evidence disclosing a protected confidence or the contents of a document recording a protected confidence, in, or in connection with, any proceedings, if--

(a) the principal protected confider to whom the proceedings relate has consented to the production of the document or adducing of the evidence, or

(b) for a principal protected confider under 14 years of age--a person the court determines is a suitable person has consented to the production of the document or adducing of the evidence.

(1A) For the purposes of subsection (1)(b), the court may determine that a person is a suitable person only if--

(a) the person is not--

(i) the accused person in the proceedings, or

(ii) connected to the proceedings, and

(b) the court considers the person is acting in the best interests of the principal protected confider, and

(c) the court considers that determining the person is a suitable person would not--

(i) damage the relationship between the suitable person and the principal protected confider, or

(ii) cause undue embarrassment, humiliation or harm to the principal protected confider.

(2) Consent is not effective for the purposes of this section unless--

(a) the consent is given in writing, and

(b) the consent expressly relates to the production of a document or adducing of evidence that is privileged under this Division or would be so privileged except for a limitation or restriction imposed by this Division.