56DProcedural matters relating to application for leave

56D Procedural matters relating to application for leave (1) An application for leave to adduce or produce evidence of a confidential communication is to be heard in the absence of the jury (if any). (2) A party to the confidential communication may appear at the hearing of the application for leave if the party: (a) is not also a party to the criminal proceedings in which the evidence is sought to be adduced or produced; and (b) is unlikely to be a witness in those proceedings; and (c) is given leave by the court to appear at the hearing. (3) If the evidence to which the application for leave relates is a document or record, the court may order that the document or record be produced to it and may inspect the document or record but the court must not make the document or record available to, or disclose its contents to, the applicant for leave. (4) For the purposes of determining the application for leave, the court may order the counsellor: (a) to provide written answers to questions; or (b) to produce documents or records relating to the confidential communication; or (c) to appear for oral examination. (5) Evidence that is not to be adduced or produced in a criminal proceeding because of section 56A(2) is not admissible in the hearing of an application for leave. Evidence Act 1939 42