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Judicial responses to the protected confidential communications legislation in Australia

Mendelson, Danuta 2002, Judicial responses to the protected confidential communications legislation in Australia, Journal of law and medicine, vol. 10, no. 1, pp. 49-60.

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Title Judicial responses to the protected confidential communications legislation in Australia
Author(s) Mendelson, Danuta
Journal name Journal of law and medicine
Volume number 10
Issue number 1
Start page 49
End page 60
Publisher Lawbook Company
Place of publication North Ryde, NSW
Publication date 2002-08
ISSN 1320-159X
Summary The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.
Language eng
Field of Research 180126 Tort Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2002, Thomson Legal & Regulatory Ltd.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30001431

Document type: Journal Article
Collections: School of Law
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