Evidence (Religious Confessions) Amendment Act 1989 (NSW)

EVIDENCE (RELIGIOUS CONFESSIONS) AMENDMENT ACT

1989 No. 187

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Short title

2.       Commencement

1. Amendment of Evidence Act 1898 No. 11

4. Consequential amendment of Independent Commission Against Corruption Act 1988 No. 35

EVIDENCE (RELIGIOUS CONFESSIONS) AMENDMENT ACT

1989 No. 187

NEW SOUTH WALES

Act No. 187, 1989

An Act to amend the Evidence Act 1898 in relation to clerical religious confessional privilege; and to make a consequential amendment to the

19 December 1989] Independent Commission Against Corruption Act 1988. [Assented to

Act No. 187

Evidence (Religious Confessions) Amendment 1989

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Evidence (Religious Confessions)

Amendment Act 1989.

Commencement

2.     This Act commences on the date of assent.

Amendment of Evidence Act 1898 No. 11

1. The Evidence Act 1898 is amended by inserting after section 9

the following section:

Religious confessions

10. (1) A person who is or was a member of the clergy of any church or religious denomination is entitled to refuse to divulge that a religious confession was made, or the contents of a religious confession made, to the person when a member of the clergy.

(2) Subsection (1) does not apply if the communication involved

in the religious confession was made for a criminal purpose.

(3) This section applies even in circumstances where an Act

provides:

(a)	that the rules of evidence do not apply or that a person or body is not bound by the rules of evidence; or
(b)	that a person is not excused from answering any question or producing any document or other thing on the ground of
privilege or any other ground.

(4) Without limiting the generality of subsection (3), this section

applies:

(a)	to any hearing or proceedings to which the Royn! Commissions Act 1923, the Special Commissions of Inquiry Act 1983 or the Independent Commission Against Corruption Act 1988 applies; or
(b)	in relation to a witness summoned to attend and give evidence before either House of Parliament (or a Parliamentary Committee) as referred to in the Parliamentary Evidence Act 1901.

Evidence (Religious Cotifessions) Amendment 1989

(5) This section applies to religious confessions made before or

after the commencement of this section.

(6) In this section, "religious confession" means a confession made by a person to a member of the clergy in the member's professional capacity according to the ritual of the church or religious denomination concerned.

Consequential amendment of Independent Commission Against
Corruption Act 1988 No. 35

4. The Independent Commission Against Corruption Act 1988 is

amended by omitting section 37 (6).

[Ministefs second reading speech made in -

Legislative Assembly on 13 September 1989 Legislative Council on 21 November 1989]