Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 14M

14M Deciding whether document or evidence is protected counselling communication

(1) This section applies if a question arises under this division in relation to a proceeding to which subdivision 2 or 3 applies.

(2) The court may consider a document or evidence to decide whether it is a protected counselling communication.

(3) While the court is considering the document or evidence, the court must exclude from the room in which it is sitting—

(a) anyone who is not an essential person; and

(b) an essential person, if—

(i) the counselled person to whom the document or evidence relates asks that the essential person be excluded; and

(ii) the court considers excluding the essential person would serve a proper interest of the counselled person.

(4) The court may make any other order it thinks fit to facilitate its consideration of the document or evidence.

(5) This section applies despite sections 14D and 14F .