EVIDENCE ACT 1906 - SECT 19C
EVIDENCE ACT 1906 - SECT 19C
19C . Protected communications not to be disclosed in criminal proceedings except with leave of court
(1) A person cannot
disclose or require disclosure of a protected communication in, or in
connection with, any criminal proceedings except with, and in accordance with,
the leave of the court.
(2) If a subpoena that
purports to require the disclosure of a protected communication is issued
without the leave of the court required by subsection (1), the subpoena is of
no effect.
(3) An application for
leave must be made to the court in writing and must be accompanied by an
affidavit stating why the applicant has a legitimate forensic purpose for
having leave to disclose or require disclosure of the protected communication.
(4) If the court
considers that the supporting affidavit establishes a prima facie case that
the applicant has a legitimate forensic purpose for having the leave, the
court is to —
(a) fix
a day and time for hearing the application; or
(b)
determine that the application will be heard during the criminal proceedings
referred to in subsection (1),
and send notification
of when the application will be heard, together with copies of the application
and the supporting affidavit, to —
(c) the
applicant and each other party; and
(d) each
protected person identified in the application or the supporting affidavit;
and
(e) any
other person identified in the application or the supporting affidavit as a
person to whom the protected communication was made.
(5) If the court does
not consider that the supporting affidavit establishes a prima facie case that
the applicant has a legitimate forensic purpose for having the leave, the
court is to notify the applicant accordingly and the application for leave is
taken to have been refused.
(6) Section 19E(2) and
(3) apply in relation to the court’s consideration of whether the
supporting affidavit establishes a prima facie case that the applicant has a
legitimate forensic purpose for having the leave.
(7) In this section
—
party means a party to the criminal proceedings
referred to in subsection (1).
[Section 19C inserted: No. 46 of 2004 s. 10.]