Victorian Current Acts Victorian Current Acts(1) In this Division—
S. 32B(1) def. of applicant for leave inserted by No. 38/2022 s. 82(1).
"applicant for leave" means a party that applies for leave under section 32C(1);
S. 32B(1) def. of civil proceeding inserted by No. 38/2022 s. 82(1).
"civil proceeding" means any proceeding in a court other than a criminal proceeding;
"confidential communication" means a communication, whether oral or written, made in confidence by a person against whom a sexual offence has been, or is alleged to have been committed to a registered medical practitioner or counsellor in the course of the relationship of medical practitioner and patient or counsellor and client, as the case requires, whether before or after the acts constituting the offence occurred or are alleged to have occurred;
S. 32B(1) def. of confidential statement inserted by No. 38/2022 s. 82(1).
confidential statement has the meaning given by section 32CE(2) ;
"counsellor" means a person who is treating a person for an emotional or psychological condition;
"harm" includes actual physical bodily harm, financial loss, stress, shock, damage to reputation and emotional or psychological harm (such as shame, humiliation or fear);
S. 32B(1) def. of held inserted by No. 38/2022 s. 82(1).
"held", in relation to protected health information, has the meaning given by section 5 of the Health Records Act 2001 ;
S. 32B(1) def. of protected confider repealed by No. 38/2022 s. 82(2).
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S. 32B(1) def. of protected evidence amended by No. 2/2006 s. 28.
"protected evidence" means evidence that is protected from being produced or adduced by section 32C(1);
S. 32B(1) def. of protected health information inserted by No. 38/2022 s. 82(1).
protected health information has the meaning given by section 32BA ;
"protected identity information", in relation to a person, is information about, or enabling a person to ascertain, the address (including a private, business or official address) or telephone number (including a private, business or official telephone number) of the person;
S. 32B(1) def. of protected person inserted by No. 38/2022 s. 82(1).
"protected person" means—
(a) in relation to a confidential communication—the person who made the communication; or
(b) in relation to protected health information—the person whom that information is about;
S. 32B(1) def. of registered medical practitioner amended by No. 97/2005 s. 182(Sch. 4 item 19.1), substituted by No. 13/2010 s. 51(Sch. item 22.1).
"registered medical practitioner" means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
"sexual offence" means an offence to which clause 1 of Schedule 1 to the Sentencing Act 1991 applies.
(2) For the purposes of this Division, a communication may be made in confidence even if it is made in the presence of a third party if the third party's presence is necessary to facilitate communication or further the treatment or counselling process.
S. 32BA inserted by No. 38/2022 s. 83.