Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 153

153 Sexual assault counselling privilege

(1) Part 2, division 2A applies to a proceeding for an offence, or a domestic violence proceeding, only if an originating step for the proceeding is taken on or after the commencement.

(2) Subsection (1) applies—

(a) for an offence—whether the act or omission constituting the offence happened before or after the commencement; or

(b) for a domestic violence proceeding—whether the ground for making the domestic violence order the subject of the proceeding arose before or after the commencement.

(3) In this section—

"domestic violence proceeding" means a proceeding relating to a domestic violence order under the Domestic and Family Violence Protection Act 2012.

"originating step" , for a proceeding for an offence or a domestic violence proceeding, means—

(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382; or

(d) the making of an application for, or the making of a decision by a court to make, the domestic violence order the subject of the proceeding.