296What is a protected confidence?

#### 296 What is a protected confidence? 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. > > **s 296 (previously s 148):** Renumbered 2001 No 119, Sch 1 \[126\]. Am 2001 No 119, Sch 1 \[129\].