Commonwealth Consolidated Acts

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Counselling statements inadmissible as evidence

             (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.

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