(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 of a kind referred to in section 8(a) or (b) or otherwise);
or
(d) in
any proceedings before a board, tribunal or person authorised to hear
evidence.
(2) Subsection (1)
does not apply to —
(a) an
admission by an adult that indicates that a child who has not attained the age
of 18 years has been abused or is at risk of abuse; or
(b) a
disclosure by a child who has not attained the age of 18 years that indicates
that the child has been abused or is at risk of abuse,
unless, in the opinion
of the court or board, tribunal or person authorised to hear evidence referred
to in subsection (1), there is sufficient evidence of the admission or
disclosure available to the court from other sources.
(3) A family
counsellor who refers a person to a professional (within the meaning of
subsection (1)(b)) must inform the professional of the effect of this section.
[Section 50 inserted: No. 35 of 2006 s. 115.]
[Heading inserted: No. 35 of 2006 s. 115.]