30Privilege

#### 30 Privilege 30 Privilege (cf Act No 52 1970, section 110P; Act No 9 1973, section 164F; Act No 11 1970, section 21Q) > > (1) In this section, mediation session includes any steps taken in the course of making arrangements for the session or in the course of the follow-up of a session. > > > (2) The same privilege with respect to defamation as exists with respect to judicial proceedings and a document produced in judicial proceedings exists with respect to— > > > > > (a) a mediation session, or > > > > > (b) a document or other material sent to or produced to a mediator, or sent to or produced at the court or the registry of the court, for the purpose of enabling a mediation session to be arranged. > > > (3) The privilege conferred by subsection (2) extends only to a publication made— > > > > > (a) at a mediation session, or > > > > > (b) in a document or other material sent to or produced to a mediator, or sent to or produced at the court or the registry of the court, for the purpose of enabling a mediation session to be arranged, or > > > > > (c) in circumstances referred to in section 31. > > > (4) Subject to section 29 (2)— > > > > > (a) evidence of anything said or of any admission made in a mediation session is not admissible in any proceedings before any court or other body, and > > > > > (b) a document prepared for the purposes of, or in the course of, or as a result of, a mediation session, or any copy of such a document, is not admissible in evidence in any proceedings before any court or other body. > > > (5) Subsection (4) does not apply with respect to any evidence or document— > > > > > (a) if the persons in attendance at, or identified during, the mediation session and, in the case of a document, all persons specified in the document, consent to the admission of the evidence or document, or > > > > > (b) in proceedings commenced with respect to any act or omission in connection with which a disclosure has been made as referred to in section 31 (c). > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].