Victorian Current Acts

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Exclusion of evidence of confidential communications

S. 32C(1) substituted by No. 2/2006 s. 29(1).

    (1)     In a legal proceeding

        (a)     a party cannot seek to compel another party to produce a document containing a confidential communication;

        (b)     a document is not to be produced if it would disclose a confidential communication;

        (c)     evidence is not to be adduced if it would disclose—

              (i)     a confidential communication; or

              (ii)     the contents of a document recording a confidential communication—

unless the court grants leave to compel the production of the document or to produce it or to adduce the evidence, and the party seeking to have the document produced or to produce it or to adduce the evidence has given notice of their intention in accordance with subsection (2).

S. 32C(2) amended by No. 2/2006 s. 29(2)(a)(b).

    (2)     A party seeking to compel the production of, or to produce or adduce, protected evidence must, not less than 14 days before the evidence is proposed to be compelled to be produced, produced or adduced, give notice in writing of their intention to—

        (a)     each other party to the proceeding; and

        (b)     in the case of a criminal proceeding, the informant; and

        (c)     the medical practitioner or counsellor, as the case requires, if not a party.

    (3)     The court may—

        (a)     fix a period of notice shorter than that referred to in subsection (2); or

        (b)     waive the requirement to give notice under subsection (2).

    (4)     On receipt of a notice under subsection (2)(b), the informant must give a copy of the notice to the protected confider within a reasonable time after its receipt.

    (5)     Whether or not notice has been given under subsection (2) or (4), the medical practitioner or counsellor, as the case requires, and the protected confider may, with the leave of the court, appear in the proceeding and make submissions.

    (6)     For the purpose of determining an application for leave under subsection (1) or (5), the court may order that the document be produced to it and may inspect it but must not make the document available, or disclose its contents, to the applicant for leave.

S. 32C(7) amended by No. 2/2006 s. 29(3).

    (7)     Evidence that, because of subsection (1), is not to be compelled to be produced, produced or adduced in a legal proceeding is not admissible in the proceeding.

S. 32D inserted by No. 21/1998
s. 4.

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