Division 1B of Part 3.10 of the Evidence Act 1995 (NSW) (sexual assault communications privilege) does not apply to the production of documents on subpoena, either directly or derivatively. Confidential sexual assault communications do not attract public interest immunity. Courts cannot supply words omitted by legislative inadvertence from extrinsic materials unless the result can reasonably be deduced from the words actually used by a recognised technique of statutory construction. The common law cannot be modified by analogy with a statute so as to produce different common law rules in different Australian jurisdictions.
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