Victorian Consolidated Legislation

Evidence Act 1958 - SECT 32E

Limitations on privilege

32E. Limitations on privilege





(1) This Division does not prevent the production or adducing of evidence-

   (a)  with the consent of the protected confider or, if he or she is under
        14 years of age, with the consent of any person whom the court regards
        as being an appropriate person to give that consent; or

   (b)  of information acquired by a registered medical practitioner by
        physical examination (including communications made during the
        examination) of the protected confider in relation to the commission
        or alleged commission of the sexual offence; or

   (c)  of a communication made, or the contents of a document prepared, for
        the purpose of a legal proceeding arising from the commission or
        alleged commission of the sexual offence; or

   (d)  of a communication made, or the contents of a document prepared, in
        the furtherance of the commission of a fraud or an offence or the
        commission of an act that renders a person liable to a civil penalty;
        or

   (e)  of a communication made if it is evidence of the commission of an
        offence of wilful and corrupt perjury.

(2) For the purposes of subsection (1)(d), if the commission of the fraud,
offence or act is a fact in issue and there are reasonable grounds for finding
that-

   (a)  the fraud, offence or act was committed; and

   (b)  a communication was made or document prepared in furtherance of the
        commission of the fraud, offence or act-

the court may find that the communication was so made or document so prepared.

(3) If consent to the production or adducing of evidence is not given under
subsection (1)(a), that fact must not be referred to in the presence of the
jury, if any.