Victorian Current Acts

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EVIDENCE ACT 2008 - 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.

S. 127(2) substituted by No. 30/2019 s. 18.

    (2)     Subsection (1) does not apply—

        (a)     if the communication involved in the religious confession was made for a criminal purpose; or

        (b)         in a proceeding for an offence against section 184 of the Children, Youth and Families Act 2005 ; or

        (c)     in a proceeding for an offence against section 327(2) of the Crimes Act 1958 .

    (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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