10EAdmissibility of communications in family counselling and in referrals from family counselling

#### 10E Admissibility of communications in family counselling and in referrals from family counselling (1) Evidence of anything said, or any admission made, by or in the company of: (a) a family counsellor conducting family counselling; or (b) a person (the professional) to whom a family counsellor refers a person for medical or other professional consultation, while the professional is carrying out professional services for the person; is not admissible: (c) in any court (whether or not exercising federal jurisdiction); or (d) in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties). (2) Subsection (1) does not apply to: (a) an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or (b) a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse; unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources. (3) Nothing in this section prevents a family counsellor from disclosing information necessary for the counsellor to give a certificate of the kind mentioned in paragraph 16(2A)(a) of the Marriage Act 1961. (4) A family counsellor who refers a person to a professional (within the meaning of paragraph (1)(b)) must inform the professional of the effect of this section.