Victims of Crime Assistance and Other Legislation Amendment Bill 2016 (Qld)

An Act to amend the Criminal Code, the Evidence Act 1977 , the Penalties and Sentences Act 1992 , the Victims of Crime Assistance Act 2009 and the Youth Justice Act 1992 , and to amend the legislation mentioned in schedule 1, for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Victims of Crime Assistance and Other Legislation Amendment Act 2016 .

2 Commencement This Act commences on a day to be fixed by proclamation.

Part 2 Amendment of Criminal Code

3 Code amended This part amends the Criminal Code. Note— See also the amendments in schedule 1.

4 Insertion of new s 590APA After section 590AP— insert—

590APA Protected counselling communications (1) The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a document if the prosecution reasonably considers the document is a protected counselling communication. (2) Subsection (1) does not apply if— (a) for a relevant proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—the document is produced by leave of the court under that subdivision; or (b) the counselled person to whom the protected counselling communication relates has consented to the production of the document in the proceeding under the Evidence Act 1977 , section 14I; or (c) the document may be produced under the Evidence Act 1977, section 14J. (3) If the prosecution reasonably considers subsection (1) applies to a document and, apart from this section, the prosecution would have to give the accused person a copy of the document, the prosecution must give the accused person a written notice stating— (a) that the prosecution is in possession of a document that it considers is a protected counselling communication the disclosure of which is prevented by the Evidence Act 1977, part 2, division 2A; and (b) a description of the nature and particulars of the document (other than particulars disclosing the content of the protected counselling communication); and Example of particulars— the fact the document contains a counsellor's notes, the identity of the counsellor and the date the notes were made (c) that the counselled person to whom the document relates has not consented to the production of the document; and (d) if the relevant proceeding is a proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—that the accused person may apply to the court for leave under that subdivision enabling the document to be produced. (4) In this section— counselled person see the Evidence Act 1977, section 14B. protected counselling communication see the Evidence Act 1977, section 14A.