Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 127

Religious confessions

  (1)   A person who is or was a member of the clergy of any church or religious denomination is entitled to refuse to divulge that a religious confession was made, or the contents of a religious confession made, to the person when a member of the clergy.

  (2)   Subsection   ( 1) does not apply if the communication involved in the religious confession was made for a criminal purpose.

  (3)   This section applies even if an Act provides:

  (a)   that the rules of evidence do not apply or that a person or body is not bound by the rules of evidence; or

  (b)   that a person is not excused from answering any question or producing any document or other thing on the ground of privilege or any other ground.

  (4)   In this section:

"religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the church or religious denomination concerned.


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