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Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 15 page 6 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Giving of leave to disclose protected confidence1 Section 79H (3) (b) and (c)2 after3 sexual offences4 insert5 and victims of family violence offences6 16 Section 79J7 substitute8 79J Waiver of protected confidence immunity in civil9 proceedings10 (1) This division does not prevent the production, inspection or use of11 protected confidence evidence in a civil proceeding if—12 (a) the production, inspection or use of the evidence is consented to,13 in writing, by—14 (i) if the counselled person who is the subject of the protected15 confidence is at least 14 years old—the counselled person;16 or17 (ii) if the counselled person is under 14 years old—a person18 determined by the court to be a suitable person; and19 (b) the consent expressly relates to the production, inspection or use20 of the evidence; and21 (c) the court is satisfied that the counselled person or, if the22 counselled person is under 14 years old, the suitable person—23 (i) is aware of the effect of this division; and24 (ii) has been given a reasonable opportunity to seek legal25 advice in relation to consenting to the production,26 inspection or use of the evidence.27

General amendments Chapter 2 Evidence (Miscellaneous Provisions) Act 1991 Part 2.2 Section 17 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For subsection (1) (a) (ii), the court may determine that a person is a1 suitable person in relation to a counselled person only if—2 (a) the person is not a party to the proceeding; and3 (b) the court considers the person is able to act in the best interests4 of the counselled person; and5 (c) the court considers that determining the person to be a suitable6 person would not—7 (i) damage the relationship between the suitable person and8 the counselled person; or9 (ii) cause undue embarrassment, humiliation or harm to the10 counselled person.11 79JA No waiver of protected confidence immunity in criminal12 proceedings13 This division applies in a criminal proceeding whether or not a person14 who has made a protected confidence consents or does not object to15 the disclosure of the protected confidence.16 17 Sections 79 to 79M (as amended)17 renumber as sections 98 to 98P18 18 Division 4.4.3 (as amended)19 relocate as chapter 6B20

Chapter 2 General amendments Part 2.2 Evidence (Miscellaneous Provisions) Act 1991 Section 19 page 8 Family, Personal and Sexual Violence Legislation Amendment Bill 2025 Authorised by the ACT Parliamentary Counsel—also accessible at 19 Recorded statement—unrepresented accused person to1 be given access2 Section 81F (2)3 substitute4 (2) The accused person must—5 (a) be given an audio copy of the recorded statement as soon as6 practicable after the proceeding is commenced; and7 (b) return the copy of the recorded statement by giving it to a police8 officer at a police station not later than 16 weeks after the9 proceeding is finalised.10 20 Recorded statement—accused person to be given audio11 copy12 Section 81H (2)13 substitute14 (2) The accused person must—15 (a) be given an audio copy of the recorded statement; and16 (b) return the copy of the recorded statement by giving it to a police17 officer at a police station not later than 16 weeks after the18 proceeding is finalised.19 21 Section 95 heading20 substitute21 95 Definitions—ch 6A22 22 Dictionary, definition of family violence offence23 substitute24 family violence offence—see the Family Violence Act 2016,25 dictionary.26