EVIDENCE ACT 1906 - SECT 19I

EVIDENCE ACT 1906 - SECT 19I

19I .         Loss of sexual assault communications privilege: misconduct

        (1)         The protection provisions do not prevent the production or adducing of evidence of a communication made, or the production 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.

        (2)         For the purposes of this section, 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.

        [Section 19I inserted: No. 46 of 2004 s. 10.]