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Evidence (Miscellaneous Provisions) Act 1991
79DGeneral immunity for protected confidences
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79D General immunity for protected confidences
(1) This section applies in relation to a proceeding.
(2) A protected confidence must not be disclosed in, or for the purposes
of, the proceeding unless the court dealing with the proceeding gives
leave for the disclosure.
(3) Without limiting subsection (2)––
(a) a person cannot be required (whether by subpoena, application,
notice or any other procedure), in or in relation to the
proceeding, to produce a document recording a protected
confidence, unless the court gives leave; and
(b) protected confidence evidence is not admissible in the
proceeding, unless the court gives leave.
Example––par (a)
A person could not be required to disclose a protected confidence in response to a
request for production of documents in a proceeding unless the court gives leave.