Document ID: chunk:federal_register_of_legislation:C2024C00587:section:314
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 314
Character Range: 418785–420056

314  Counselling statements inadmissible as evidence
 (1) This section applies if:
 (a) a person (the treatment provider) has provided treatment under this Chapter; and
 (b) the treatment provider has been counselled by a staff member assisting the Commission with respect to providing treatment under this Chapter; and
 (c) the treatment provider makes a statement during the counselling.
 (2) The statement is inadmissible as evidence against the treatment provider in proceedings prosecuting him or her for an offence mentioned in subsection (3) unless:
 (a) the treatment provider consents to the statement being admitted as evidence in the proceedings; or
 (b) both of the following apply:
 (i) evidence of another statement made by the treatment provider during such counselling is admitted on behalf of the provider;
 (ii) evidence of the statement mentioned in paragraph (1)(c) is adduced to refute evidence of that other statement.
 (3) For the purposes of subsection (2), these are the offences:
 (a) an offence under this Part;
 (b) an offence against:
 (i) section 6 of the Crimes Act 1914 (accessory after the fact); or
 (ii) section 11.1, 11.4 or 11.5 of the Criminal Code (attempt, incitement or conspiracy);
  that relates to an offence under this Part.