ACTIn ForceAct
Evidence (Miscellaneous Provisions) Act 1991
79MNo protected confidence immunity in case of misconduct
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79M No protected confidence immunity in case of misconduct
(1) This division does not apply in relation to a communication made, or
a document prepared, in the furtherance of the commission of an
offence, a fraud or an act that makes a person liable to a civil penalty.
(2) A court may find that a communication was made, or a document was
prepared, in the furtherance of the commission of an offence, a fraud
or an act if there are reasonable grounds for finding that––
(a) the offence, fraud or act was committed; and
(b) the communication was made, or document prepared, in the
furtherance of the offence, fraud or act.
Division 4.4.4 Sexual offence proceedings—directions and warnings to juries
Division 4.4.4 Sexual offence proceedings—
directions and warnings to juries
Note The Supreme Court Act 1933, s 68C (3) provides that in a criminal
proceeding tried by a judge alone, if a territory law requires a warning or
direction to be given, or a comment to be made, to a jury in the
proceeding, the judge must take the warning, direction or comment into
account in considering his or her verdict.