Victorian Numbered Acts

CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 29

    (1)     For section 32C(1) of the Evidence Act 1958 substitute —

    "(1)     In a legal proceeding—

        (a)     a party cannot seek to compel another party to produce a document containing a confidential communication;

        (b)     a document is not to be produced if it would disclose a confidential communication;

        (c)     evidence is not to be adduced if it would disclose—

              (i)     a confidential communication; or

              (ii)     the contents of a document recording a confidential communication—

unless the court grants leave to compel the production of the document or to produce it or to adduce the evidence, and the party seeking to have the document produced or to produce it or to adduce the evidence has given notice of their intention in accordance with sub-section (2).".

    (2)     In section 32C(2) of the Evidence Act 1958 —

        (a)     for "adduce" substitute "compel the production of, or to produce or adduce,";

        (b)     after "before the evidence is proposed to be" insert "compelled to be produced, produced or".

    (3)     In section 32C(7) of the Evidence Act 1958 , after "is not to be" insert "compelled to be produced, produced or".