79AMeaning of protected confidence—div 4.4.3

79A Meaning of protected confidence—div 4.4.3 (1) For this division, a protected confidence is a counselling communication made by, to or about a person against whom a sexual offence or family violence offence was, or is alleged to have been, committed (the counselled person). (2) A counselling communication is a protected confidence even if–– (a) it is made before the happening, or alleged happening, of the acts constituting the sexual offence or family violence offence; or (b) it is not made in relation to–– (i) the sexual offence or any sexual offence; or (ii) a condition arising from the sexual offence or any sexual (iii) the family violence offence or any family violence offence; or (iv) a condition arising from the family violence offence or any family violence offence. (3) For this section, a counselling communication is a communication made in circumstances that give rise to a reasonable expectation of confidentiality or a duty of confidentiality— (a) by the counselled person to a counsellor for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or

(b) to or about the counselled person by the counsellor for the purpose, or in the course, of the counselling relationship between the counselled person and the counsellor; or (c) by the counselled person to a third party mentioned in counsellor; or (d) to the counselled person by a third party mentioned in counsellor; or (e) about the counselled person by a third party mentioned in counsellor to— (i) the counselled person; or (ii) the counsellor; or (iii) another third party to whom subsection (4) applies; or (f) about the counselled person by a counsellor to someone else who has also been a counsellor for the counselled person; or (g) about the counselled person to a counsellor by someone else who has also been a counsellor for the counselled person.

(4) For this section, in deciding whether a communication was made in circumstances that gave rise to a reasonable expectation of confidentiality, it does not matter that the communication was made in the presence of a third party, if the third party was present to assist or encourage communication between the counselled person and counsellor or otherwise assist the counselling process. Examples—third parties 1 a parent, partner, carer, spiritual adviser or other supportive person 2 a person present at the request of the counsellor to take notes of the counselling session family violence offence includes alleged family violence offence. sexual offence includes alleged sexual offence.