EVIDENCE ACT 1929 - SECT 67E

EVIDENCE ACT 1929 - SECT 67E

67E—Certain communications to be protected by public interest immunity

        (1)         A communication relating to a victim or alleged victim of a sexual offence is, if made in a therapeutic context, protected from disclosure in legal proceedings by public interest immunity.

        (2)         However, the following communications are not subject to public interest immunity:

            (a)         a communication made for the purposes of, or in the course of, a physical examination of the victim or alleged victim of a sexual offence by a registered medical practitioner or registered nurse; or

            (b)         a communication made for the purposes of legal proceedings arising from the commission of the alleged offence or for commencing such legal proceedings; or

            (c)         a communication as to which reasonable grounds exist to suspect that the communication evidences a criminal fraud, an attempt to pervert the administration of justice, perjury or another offence.

        (3)         A public interest immunity arising under this section cannot be waived by—

            (a)         the counsellor or therapist; or

            (b)         a party to the protected communication; or

            (c)         the victim or alleged victim of the sexual offence or the guardian of the victim or alleged victim.