Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 314

  (1)   This section applies if:

  (a)   a person (the treatment provider ) has provided treatment under this Chapter; and

  (b)   the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Chapter; and

  (c)   the treatment provider makes a statement during the counselling.

  (2)   The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection   (3) unless:

  (a)   the treatment provider consents to the statement being admitted as evidence in the proceedings; or

  (b)   both of the following apply:

  (i)   evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;

  (ii)   evidence of the statement mentioned in paragraph   (1)(c) is adduced to refute evidence of that other statement.

  (3)   For the purposes of subsection   (2), these are the offences:

  (a)   an offence under this Part;

  (b)   an offence against:

  (i)   section   6 of the Crimes Act 1914 (accessory after the fact); or

  (ii)   section   11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);

    that relates to an offence under this Part.