12Medical privilege

12 Medical privilege (2) A medical practitioner shall not, without the consent of his or her patient, divulge in any civil proceeding (unless the sanity of the patient is the matter in dispute) any communication made to him or her in his or her professional character by the patient, and necessary to enable him or her to prescribe or act for the patient. (3) Nothing in this section shall protect any communication made for any criminal purpose, or prejudice the right to give in evidence any statement or representation at any time made to or by a medical practitioner in or about the effecting by any person of an insurance on the life of himself or herself or any other person. Evidence Act 1939 4 21AA Definitions audiovisual record includes a recorded statement. authorised person means any of the following: (a) a police officer with the rank of constable or above; (b) a member of the Australian Federal Police who is appointed as a special constable under the Police Administration Act 1978; (c) a member of a police force of a State or another Territory who is appointed as a special constable under the Police Administration Act 1978; (d) a person who is an authorised officer under section 304(1)(a) of the Care and Protection of Children Act 2007; (e) a member of a police force of a State or another Territory with the rank of constable or above; (f) a person prescribed by regulation. child means a person who is under 18 years of age. examination of a witness includes cross-examination and re-examination. recorded statement means an interview, recorded on video-tape or by other audiovisual means, in which an authorised person elicits from a vulnerable witness statements of fact which, if true, would be of relevance to a proceeding. serious violence offence means: (a) an offence against any of the following provisions of the Criminal Code that is punishable by imprisonment for 5 or more years: (i) Part V, Division 2; (ii) Part VI, Divisions 3 to 6A; (iii) Part VIA; Evidence Act 1939 5 (iv) section 218; (v) another provision prescribed by regulation; or (aa) an offence against section 211 or 212 of the Criminal Code, as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022; or (b) an offence against Part V, Division 2 or Part VI, Division 5 of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 that was punishable by imprisonment for 5 or more years. special sitting, of a court, means a sitting of the court held for the purpose of conducting an examination, or part of an examination, of a vulnerable witness in proceedings for a sexual offence or serious violence offence. vulnerable witness, see section 21AB. 21AB Meaning of vulnerable witness A vulnerable witness means a witness in proceedings: (a) who is a child; or (b) who has a cognitive impairment or an intellectual disability; or (c) who is the alleged victim of a sexual offence to which the proceedings relate; or (d) who is a complainant in a domestic violence offence proceeding; or (e) whom a court considers to be vulnerable.