Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
76Inadmissibility of evidence in other proceedings
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76 Inadmissibility of evidence in other proceedings
(1) In this section—
S. 76(1) def. of hearing amended by No. 55/2014 s. 129.
hearing means—
(a) an investigation under Part 2 or Division 2 of Part 5A;
(b) a special hearing under Part 3 or Division 3 of Part 5A;
(c) a hearing referred to in section 36(1);
(d) a hearing of the Panel under Part 7.
(2) Evidence of anything said on a hearing, or of any document prepared solely for the purpose of a hearing, is not admissible in any civil or criminal proceeding except—
(a) a proceeding arising out of the hearing; or
(b) a proceeding for an offence against section 314(1) of the Crimes Act 1958 (perjury) or for any other offence that involves an interference with the due administration of justice; or
(c) with the consent of the person to whom the words or document principally refers or relates.
(3) A court, tribunal or person acting judicially may rule as admissible in a proceeding before them any matter inadmissible because of subsection (2) if satisfied, on the application of a party to the proceeding, that it is in the interests of justice to do so.
S. 76A inserted by No. 7/2002 s. 31.