(1)  A medical practitioner, without the consent of his or her patient, must not divulge in any civil proceeding any communication made to him or her in a professional capacity by the patient that was necessary to prescribe or act for the patient unless the sanity of the patient is the matter in dispute.

(2)  A person who has possession, custody or control of any communication referred to in subsection (1) or of any record of such a communication made to a medical practitioner by a patient, without the consent of the patient, must not divulge that communication or record in any civil proceeding unless the sanity of the patient is the matter in dispute.

(3)  This section does not –

(a) protect any communication made for any criminal purpose; or

(b) prejudice the right to give in evidence any statement or representation made at any time to or by a medical practitioner in or about the effecting by any person of an insurance on the life of that person or any other person.

Note: This section does not appear in the Evidence Act 1995 of the Commonwealth.