Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) In this rule, a confidential communication is a communication in any form between:
(a) an accused person and a person representing the accused person; or
(b) an accused person and a person who has advised the accused person, before the commencement of the summary authority proceedings, about a charge that could have formed part of the summary authority proceedings; or
(c) the prosecuting officer and an accused person in respect of any discussion of a charge or a plea to a charge; or
(d) the prosecuting officer and a person representing the accused person in respect of any discussion of a charge or a plea to a charge.
(2) However, a communication is not a confidential communication if the summary authority is satisfied that the parties to the communication:
(a) did not intend it to be confidential; or
(b) have consented to the disclosure of the communication.
(3) A witness before a summary authority must not be required to disclose a confidential communication.
(4) A witness before a summary authority must not be required to produce a document if that document would reveal a confidential communication.
Note Section 127 of the Evidence Act 1995 applies to religious confessions.