45Counselling statements inadmissible as evidence

45 Counselling statements inadmissible as evidence

(1) This section applies if: (a) a person (the treatment provider) has provided treatment under this Act; and (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Act; 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 Division; (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 Division.

Note: In addition to the offences under this Part, there are offence provisions in the Criminal Code that might also apply (such as Parts 7.3 (fraudulent conduct), 7.4 (false and misleading statements) and 7.7 (forgery)).