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Evidence Act 1939
56Definitions
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56 Definitions
committal proceedings means a preliminary examination under
Part V of the Local Court (Criminal Procedure) Act 1928.
Evidence Act 1939 39
confidential communication means:
(a) a communication, whether oral or written, made in confidence
by a victim to a counsellor or to a victim by a counsellor in the
course of the relationship of counsellor and client and
includes:
(i) a communication that is not made in connection with the
sexual offence or alleged sexual offence or a condition
arising from the sexual offence or alleged sexual
offence; and
(ii) a communication made in the presence of a parent or
carer of the victim or any other person who is present to
facilitate communication between the victim and the
counsellor or to otherwise further the counselling of the
victim; or
(b) a communication, whether oral or written, made about the
victim to the counsellor by the parent, carer or other person
referred to in paragraph (a)(ii) or by the counsellor to the
parent, carer or other person; or
(c) a communication referred to in paragraph (a) or (b) that is
made before or after the acts constituting the sexual offence
committed against the victim occurred or are alleged to have
occurred; or
(d) a record (including an electronic record) kept by a party to a
confidential communication or any other person of the
confidential communication or of any observation, opinion,
advice, recommendation or other matter relating to the
confidential communication; or
(e) part of a confidential communication.
counsellor means a person who is treating a victim for an
emotional, psychological or psychiatric condition.
harm includes physical bodily harm, financial loss, stress or shock,
damage to reputation or shame, humiliation, fear or other
emotional, psychological or psychiatric harm.
party to a confidential communication means:
(a) the victim to whom the confidential communication relates; or
(b) the counsellor to whom or by whom the confidential
communication is made; or
Evidence Act 1939 40
(c) a parent, carer or other person referred to in paragraph (a)(ii)
of the definition of confidential communication.
victim means a victim or alleged victim of a sexual offence.