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s 20E

Loss of professional confidential relationship protection: misconduct

In force

20E Loss of professional confidential relationship protection: misconduct

(1)

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 —

(a)

an offence committed by the confider;

(b)

an act or omission on the part of the confider that renders the confider liable to a civil penalty;

(c)

deceit, dishonesty, inappropriate partiality or a breach of trust on the part of the confider;

(d)

the confider acting corruptly, or corruptly failing to act, in any capacity;

(e)

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;

(f)

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;

(g)

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;

(h)

conduct providing reasonable grounds for the termination of the confider’s employment;

(i)

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.

(2)

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.

(3)

For the purposes of this section, if the misconduct is a fact in issue and there are reasonable grounds for believing that —

(a)

the misconduct occurred; and

(b)

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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Section 20E — Loss of professional confidential relationship protection: misconduct — Evidence Act 1906 (Western Australia) — Barrister AI