Section 127 — Evidence Act 1995 (Cth)

(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 if 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) 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.

Related sections

• s 126 — Loss of client legal privilege: related communications and documents
• s 126J — Definitions
• s 126K — Journalist privilege relating to identity of informant
• s 128 — Privilege in respect of self‑incrimination in other proceedings
• s 128A — Privilege in respect of self‑incrimination—exception for certain orders etc
• s 129 — Exclusion of evidence of reasons for judicial etc. decisions

Research how courts apply s 127

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