Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14B

14B Other definitions for division

In this division—

"counsel" a person means—

(a) to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or

(b) to advise, give therapy to or treat the person, whether one-on-one or in a group.

(a) is being, or has at any time been, counselled by a counsellor; and

(b) is, or has at any time been, a victim or alleged victim of a sexual assault offence.

(a) has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and

(b) in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.

(a) a Crown law officer or a person authorised by a Crown law officer;

(b) the prosecutor;

(c) a witness giving evidence;

(d) a person who is an intermediary under division 4C for a witness giving evidence;

(e) a person who a witness is entitled to have present in court under section 21A (2) (d) , 21AV or 103ZE (2) (g) ;

(f) a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding;

(g) a person who applies to the court to be present and whose presence, in the court’s opinion—

(i) would serve a proper interest of the person; and

(ii) would not be prejudicial to a counselled person’s interests.

(a) is a member of—

(i) an organised religion; or

(ii) a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and

(b) holds a position in the religion or group that allows the person to hold himself or herself out as a representative of the religion or group.

(a) an offence of a sexual nature, including, for example—

(i) an offence against a provision of the Criminal Code , chapter 32 ; and

(ii) an offence against a provision of the Criminal Code , chapter 22 ; or

(b) an act or omission that would constitute an offence mentioned in paragraph (a) if the act or omission had occurred—

(i) in Queensland; or

(ii) after the offence provision commenced; or

(c) an alleged offence mentioned in paragraph (a) .