QLDIn ForceAct
Evidence Act 1977
sec.14KCourt to inform of rights
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### sec.14K Court to inform of rights
This section applies in relation to a proceeding to which subdivision 2 or 3 applies if it appears to the court a person may have grounds for—
applying for leave under subdivision 3 ; or
objecting to the production of a document, or the adducing of evidence, that is a protected counselling communication.
The court must satisfy itself the person is aware of the relevant provisions of this division and has had an opportunity to seek legal advice.
If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury.
To remove any doubt, it is declared that subsection (2) does not require the office of the director of public prosecutions to give the person legal advice.
s 14K ins 2017 No. 8 s 7
(sec.14K-ssec.1) This section applies in relation to a proceeding to which subdivision 2 or 3 applies if it appears to the court a person may have grounds for— applying for leave under subdivision 3 ; or objecting to the production of a document, or the adducing of evidence, that is a protected counselling communication.
(sec.14K-ssec.2) The court must satisfy itself the person is aware of the relevant provisions of this division and has had an opportunity to seek legal advice.
(sec.14K-ssec.3) If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury.
(sec.14K-ssec.4) To remove any doubt, it is declared that subsection (2) does not require the office of the director of public prosecutions to give the person legal advice.
- (a) applying for leave under subdivision 3 ; or
- (b) objecting to the production of a document, or the adducing of evidence, that is a protected counselling communication.