Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14G

14G Application for leave

(1) A party to the proceeding may apply for leave of the court under this subdivision.

(2) As soon as reasonably practicable after the application is made, the applicant must give the following persons a notice complying with subsection (3) —

(a) each other party to the proceeding;

(b) if the counsellor to whom the protected counselling communication relates is not a party to the proceeding—the counsellor.

(3) For subsection (2) , the notice is a written notice stating—

(a) an application for leave under this subdivision has been made in relation to a protected counselling communication; and

(b) a description of the nature and particulars of the protected counselling communication (other than particulars disclosing the content of the communication); and

(c) if the counsellor or counselled person to whom the communication relates is not a party to the proceeding—that the counsellor or counselled person may appear in the proceeding under section 14L .

(4) If the counselled person to whom the protected counselling communication relates is not a party to the proceeding, the prosecutor must, as soon as practicable after a notice is given under subsection (2) , give the counselled person a copy of the notice.

(5) The court can not decide the application until at least 14 days after subsection (2) is complied with.

(6) However, the court may waive the requirement to comply with subsection (2) if, in relation to the proceeding—

(a) notice has been given of a previous application for leave under this subdivision relating to the same protected counselling communication; or

(b) the counselled person to whom the protected counselling communication relates has consented to the waiver of the requirement; or

(c) the court is satisfied—

(i) exceptional circumstances exist that require the waiver of the requirement; and

(ii) it is in the public interest to waive the requirement.

(7) For subsection (6) (b) , the consent must be given—

(a) in writing; or

(b) if the counselled person can not give written consent because of a disability—orally.