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s 79D

General immunity for protected confidences

In force
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.3Sexual and family violence offence proceedings—protection of counselling communications

79D General immunity for protected confidences

(1)

This section applies in relation to a proceeding.

(2)

A protected confidence must not be disclosed in, or for the purposes of, the proceeding unless the court dealing with the proceeding gives leave for the disclosure.

(3)

Without limiting subsection (2)––

(a)

a person cannot be required (whether by subpoena, application, notice or any other procedure), in or in relation to the proceeding, to produce a document recording a protected confidence, unless the court gives leave; and

(b)

protected confidence evidence is not admissible in the proceeding, unless the court gives leave.

Example––par (a)

A person could not be required to disclose a protected confidence in response to a request for production of documents in a proceeding unless the court gives leave.

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Section 79D — General immunity for protected confidences — Evidence (Miscellaneous Provisions) Act 1991 (Australian Capital Territory) — Barrister AI