Australian Capital Territory Current Acts

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Definitions—div 3.10.1A

    (1)     In this division:

"confidant"—see the definition of protected confidence .

"harm" includes actual physical bodily harm, financial loss, stress or shock, damage to reputation or emotional or psychological harm (for example, shame, humiliation and fear).

"protected confidence" means a communication made by a person in confidence to someone else (the "confidant")—

        (a)     in the course of a relationship in which the confidant was acting in a professional capacity; and

        (b)     when the confidant was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law or can be inferred from the nature of the relationship between the person and the confidant.

"protected confider" means a person who made a protected confidence.

"protected identity information" means information about, or enabling a person to ascertain, the identity of the person who made a protected confidence.

    (2)     For 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.

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