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Evidence (Miscellaneous Provisions) Act 1991
82Evidence not admissible in court—neutral evaluation
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82 Evidence not admissible in court—neutral evaluation
(1) This section applies if, under rules under the Court Procedures
Act 2004 (the rules), the Supreme Court or Magistrates Court has
referred a civil proceeding, or part of a civil proceeding, for neutral
evaluation.
(2) Evidence of anything said, or of any admission made, in a neutral
evaluation session under the rules is not admissible in any proceeding
before a court or tribunal.
(3) A document prepared for, in the course of, or because of, a neutral
evaluation session under the rules is not admissible in any proceeding
before a court or tribunal.
(4) Subsections (2) and (3) do not apply to any evidence or document—
(a) for evidence—if the people attending, or identified during, the
neutral evaluation session consent to the admission of the
evidence; or
(b) for a document—if the people attending, or identified during,
the neutral evaluation session and all the people identified in the
document, consent to the admission of the document; or
(c) in a proceeding (including a criminal proceeding) brought in
relation to an act or omission in relation to which a disclosure
has been made under the rules because an evaluator has
reasonable grounds to believe the disclosure is necessary or
desirable to prevent or reduce the danger of death or injury to
anyone or damage to any property.
Chapter 5 Certain evidence under court rules not admissible
neutral evaluation session includes any steps taken in the course of
making arrangements for the session or in the course of the follow-up
of the session.