32ELimitations on privilege

32E Limitations on privilege

S. 32E(1) amended by No. 2/2006 s. 31(1).

(1) This Division does not prevent the production or adducing of evidence—

S. 32E(1)(a) amended by No. 38/2022 s. 87(1).

(a) with the consent of the protected person or, if he or she is under 14 years of age, with the consent of any person whom the court regards as being an appropriate person to give that consent; or

S. 32E(1)(b) amended by No. 38/2022 s. 87(2).

(b) of information acquired by a registered medical practitioner by physical examination (including communications made during the examination) of the protected person in relation to the commission or alleged commission of an offence against the protected person; or

(c) of a communication made, or the contents of a document prepared, for the purpose of a legal proceeding arising from the commission or alleged commission of the sexual offence; or

(d) of a communication made, or the contents of a document prepared, in the furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty; or

(e) of a communication made if it is evidence of the commission of an offence of wilful and corrupt perjury.

(2) For the purposes of subsection (1)(d), if the commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that—

(a) the fraud, offence or act was committed; and

(b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act—

the court may find that the communication was so made or document so prepared.

S. 32E(3) amended by No. 2/2006 s. 31(2).

(3) If consent to the production or adducing of evidence is not given under subsection (1)(a), that fact must not be referred to in the presence of the jury, if any.

S. 32F inserted by No. 21/1998