Section 126A — Evidence Act 1995 (NSW)

(1) In this Division—
harm includes actual physical bodily harm, financial loss, stress or shock, damage to reputation or emotional or psychological harm (such as shame, humiliation and fear).
protected confidence means a communication made by a person in confidence to another person (in this Division called the confidant)—
(a) in the course of a relationship in which the confidant was acting in a professional capacity, and
(b) when the confidant was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law or can be inferred from the nature of the relationship between the person and the confidant.
protected confider means a person who made a protected confidence.
protected identity information means information about, or enabling a person to ascertain, the identity of the person who made a protected confidence.
(2) For the purposes of this Division, a communication may be made in confidence even if it is made in the presence of a third party if the third party’s presence is necessary to facilitate communication.

Related sections

• s 124 — Loss of client legal privilege: joint clients
• s 125 — Loss of client legal privilege: misconduct
• s 126 — Loss of client legal privilege: related communications and documents
• s 126B — Exclusion of evidence of protected confidences
• s 126C — Loss of professional confidential relationship privilege: consent
• s 126D — Loss of professional confidential relationship privilege: misconduct

Research how courts apply s 126A

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.