Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14I

14I Waiver of privilege by counselled person

(1) This section applies, in relation to a proceeding to which subdivision 2 or 3 applies, if a document or evidence is a protected counselling communication.

(2) This division does not prevent the document being produced, or the evidence being adduced, if the counselled person to whom the protected counselling communication relates—

(a) is 16 years or more; and

(b) consents to the production of the document or adducing of the evidence; and

(c) is not a person with an impaired capacity for giving the consent.

(3) For subsection (2) (b) , the consent must—

(a) expressly state the counselled person—

(i) consents to the production of a stated document, or the adducing of stated evidence, that is a protected counselling communication relating to the person; and

(ii) has had an opportunity to seek legal advice about giving the consent; and

(b) be given—

(i) in writing; or

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

(4) To remove any doubt, it is declared that subsection (3) (b) does not require the office of the director of public prosecutions to give the counselled person legal advice.

(5) In this section—

"impaired capacity" see the Guardianship and Administration Act 2000 , schedule 4 .