Evidence (Miscellaneous Provisions) Act 1991

This section applies if, under rules under the Court Procedures Act 2004 (the rules), the Supreme Court or Magistrates Court has referred a civil proceeding, or part of a civil proceeding, for neutral evaluation.

Evidence of anything said, or of any admission made, in a neutral evaluation session under the rules is not admissible in any proceeding before a court or tribunal.

A document prepared for, in the course of, or because of, a neutral evaluation session under the rules is not admissible in any proceeding before a court or tribunal.

Subsections (2) and (3) do not apply to any evidence or document—

for evidence—if the people attending, or identified during, the neutral evaluation session consent to the admission of the evidence; or

for a document—if the people attending, or identified during, the neutral evaluation session and all the people identified in the document, consent to the admission of the document; or

in a proceeding (including a criminal proceeding) brought in relation to an act or omission in relation to which a disclosure has been made under the rules because an evaluator has reasonable grounds to believe the disclosure is necessary or desirable to prevent or reduce the danger of death or injury to anyone or damage to any property.

In this section:

neutral evaluation session includes any steps taken in the course of making arrangements for the session or in the course of the follow‑up of the session.