Commonwealth Consolidated Acts

FAMILY LAW ACT 1975 - SECT 10E

  (1)   Evidence of anything said, or any admission made, by or in the company of:

  (a)   a family counsellor conducting family counselling; or

  (b)   a person (the professional ) to whom a family counsellor refers a person for medical or other professional consultation, while the professional is carrying out professional services for the person;

is not admissible:

  (c)   in any court (whether or not exercising federal jurisdiction); or

  (d)   in any proceedings before a person authorised to hear evidence (whether the person is authorised by a law of the Commonwealth, a State or a Territory, or by the consent of the parties).

  (2)   Subsection   (1) does not apply to:

  (a)   an admission by an adult that indicates that a child under 18 has been abused or is at risk of abuse; or

  (b)   a disclosure by a child under 18 that indicates that the child has been abused or is at risk of abuse;

unless, in the opinion of the court, there is sufficient evidence of the admission or disclosure available to the court from other sources.

  (3)   Nothing in this section prevents a family counsellor from disclosing information necessary for the counsellor to give a certificate of the kind mentioned in paragraph   16(2A)(a) of the Marriage Act 1961 .

  (4)   A family counsellor who refers a person to a professional (within the meaning of paragraph   (1)(b)) must inform the professional of the effect of this section.