Commonwealth Consolidated Acts

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Statements inadmissible as evidence

  (1)   A statement made by a practitioner in the course of being counselled for the purposes of this Act by a person who at the time was both a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ) and a medical practitioner, a dental practitioner, an optometrist, a midwife or a nurse practitioner is inadmissible as evidence against the practitioner in proceedings against the practitioner for a relevant offence, relevant civil contravention or relevant dental benefits offence unless:

  (a)   the practitioner has consented to the admission of the statement as evidence in the proceedings; or

  (b)   evidence of the statement is adduced to refute evidence of another statement made by the practitioner in the course of being so counselled, where evidence of that other statement has been admitted in the proceedings on behalf of the practitioner.

  (2)   In subsection   (1), practitioner , relevant civil contravention and relevant offence have the same respective meanings as in section   124B.

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