(1) A statement about any matter that is made by or on behalf of the
accused person for the purposes of complying with requirements for pre-trial
disclosure imposed by or under this Division does not constitute an admission
of that matter by the accused person.
(2) The court may make orders to
resolve any dispute between the parties to criminal proceedings about--
(a)
the requirements for pre-trial disclosure imposed by or under this Division,
or
(b) the use of anything disclosed under this Division (including
restrictions on publication or further disclosure).
(3) This Division does
not affect the obligations or powers under Division 4 (Pre-trial
disclosure--general).
(4) Nothing in this Division prevents any voluntary
pre-trial disclosure by the accused person to the prosecutor of any
information, document or other thing that the accused person proposes to
adduce in evidence in the proceedings.
(5) This Division does not limit any
obligation (arising otherwise than under this Division) for pre-trial
disclosure that is capable of being complied with concurrently with
requirements imposed by or under this Division, but this Division prevails to
the extent of any inconsistency with any such obligation. Any such obligation
extends to obligations imposed by the common law, the rules of court, the
Uniform Rules made under Part 9.2 of the Legal Profession Uniform Law (NSW)
and prosecution guidelines issued by the Director of Public Prosecutions.
(6)
However, this Division does not affect any immunity that applies by law to the
disclosure of any information, document or other thing, including, for
example, legal professional or client legal privilege, public interest
immunity and sexual assault communications privilege under Division 2 of Part
5 of Chapter 6.
(7) Nothing in this Division limits any powers that a court
has apart from this Division in relation to proceedings.
(8) The provisions
of this Division prevail over the provisions of the Evidence Act 1995to the
extent of any inconsistency with those provisions.
