Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 127

Religious confessions

             (1)  A person who is or was a member of the clergy of any church or religious denomination is entitled to refuse to divulge that a religious confession was made, or the contents of a religious confession made, to the person when a member of the clergy.

             (2)  Subsection (1) does not apply if the communication involved in the religious confession was made for a criminal purpose.

             (3)  This section applies even if an Act provides:

                     (a)  that the rules of evidence do not apply or that a person or body is not bound by the rules of evidence; or

                     (b)  that a person is not excused from answering any question or producing any document or other thing on the ground of privilege or any other ground.

             (4)  In this section:

"religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the church or religious denomination concerned.



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