Loss of professional confidential relationship protection: misconduct
20E Loss of professional confidential relationship protection: misconduct
In this section —
misconduct, in relation to a person (the confider) who makes a communication in confidence to another person, includes any of the following —
an offence committed by the confider;
an act or omission on the part of the confider that renders the confider liable to a civil penalty;
deceit, dishonesty, inappropriate partiality or a breach of trust on the part of the confider;
the confider acting corruptly, or corruptly failing to act, in any capacity;
the confider corruptly taking advantage of the confider’s position to obtain a benefit for the confider or another person or to cause a detriment to another person;
the confider engaging in conduct that adversely affects, or could adversely affect, directly or indirectly, the honest or impartial performance of the functions of any person in any capacity;
misuse, on the part of the confider, of information or material that the confider has acquired in any capacity, whether the misuse is to obtain a benefit for the confider or any other person or to cause a detriment to another person;
conduct providing reasonable grounds for the termination of the confider’s employment;
conduct providing reasonable grounds for disciplining the confider in relation to unsatisfactory professional conduct or professional misconduct, or the breach of a professional standard, in relation to the confider’s profession, whether or not the confider is a member of the body that prescribed the standard.
The protection provisions (PCR) do not prevent the adducing of evidence of a communication made or the contents of a document prepared in the furtherance of misconduct by a person who makes a communication in confidence to another person.
For the purposes of this section, if the misconduct is a fact in issue and there are reasonable grounds for believing that —
the misconduct occurred; and
a communication was made or document prepared in furtherance of the misconduct,
the court may find that the communication was so made or document so prepared.
[Section 20E inserted: No. 31 of 2012 s. 5.]
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