QLDIn ForceAct
Evidence Act 1977
sec.14BOther definitions for division
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### sec.14B Other definitions for division
In this division—
counsel a person means—
to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or
to advise, give therapy to or treat the person, whether one-on-one or in a group.
counselled person means a person who—
is being, or has at any time been, counselled by a counsellor; and
is, or has at any time been, a victim or alleged victim of a sexual assault offence.
counsellor means a person who—
has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and
in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.
essential person , for a proceeding, means any of the following persons—
a Crown law officer or a person authorised by a Crown law officer;
the prosecutor;
a witness giving evidence;
a person who is an intermediary under division 4C for a witness giving evidence;
a person who a witness is entitled to have present in court under section 21A (2) (d) , 21AV or 103ZE (2) (g) ;
a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding;
a person who applies to the court to be present and whose presence, in the court’s opinion—
would serve a proper interest of the person; and
would not be prejudicial to a counselled person’s interests.
religious representative means a person who—
is a member of—
an organised religion; or
a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and
holds a position in the religion or group that allows the person to hold himself or herself out as a representative of the religion or group.
sexual assault offence means—
an offence of a sexual nature, including, for example—
an offence against a provision of the Criminal Code , chapter 32 ; and
an offence against a provision of the Criminal Code , chapter 22 ; or
an act or omission that would constitute an offence mentioned in paragraph (a) if the act or omission had occurred—
in Queensland; or
after the offence provision commenced; or
an alleged offence mentioned in paragraph (a) .
s 14B ins 2017 No. 8 s 7
amd 2018 No. 23 s 27 ; 2020 No. 32 s 41 ; 2024 No. 5 s 102 sch 1 div 4 (amd 2024 No. 23 s 18F )
- (a) to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or
- (b) to advise, give therapy to or treat the person, whether one-on-one or in a group.
- (a) is being, or has at any time been, counselled by a counsellor; and
- (b) is, or has at any time been, a victim or alleged victim of a sexual assault offence.
- (a) has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and
- (b) in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.
- (a) a Crown law officer or a person authorised by a Crown law officer;
- (b) the prosecutor;
- (c) a witness giving evidence;
- (d) a person who is an intermediary under division 4C for a witness giving evidence;
- (e) a person who a witness is entitled to have present in court under section 21A (2) (d) , 21AV or 103ZE (2) (g) ;
- (f) a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding;
- (g) a person who applies to the court to be present and whose presence, in the court’s opinion— (i) would serve a proper interest of the person; and (ii) would not be prejudicial to a counselled person’s interests.
- (i) would serve a proper interest of the person; and
- (ii) would not be prejudicial to a counselled person’s interests.
- (i) would serve a proper interest of the person; and
- (ii) would not be prejudicial to a counselled person’s interests.
- (a) is a member of— (i) an organised religion; or (ii) a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and
- (i) an organised religion; or
- (ii) a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and
- (b) holds a position in the religion or group that allows the person to hold himself or herself out as a representative of the religion or group.
- (i) an organised religion; or
- (ii) a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and
- (a) an offence of a sexual nature, including, for example— (i) an offence against a provision of the Criminal Code , chapter 32 ; and (ii) an offence against a provision of the Criminal Code , chapter 22 ; or
- (i) an offence against a provision of the Criminal Code , chapter 32 ; and
- (ii) an offence against a provision of the Criminal Code , chapter 22 ; or
- (b) an act or omission that would constitute an offence mentioned in paragraph (a) if the act or omission had occurred— (i) in Queensland; or (ii) after the offence provision commenced; or
- (i) in Queensland; or
- (ii) after the offence provision commenced; or
- (c) an alleged offence mentioned in paragraph (a) .
- (i) an offence against a provision of the Criminal Code , chapter 32 ; and
- (ii) an offence against a provision of the Criminal Code , chapter 22 ; or
- (i) in Queensland; or
- (ii) after the offence provision commenced; or