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Clause 127

entitles members of the clergy to refuse to divulge both the contents of religious confessions made to them in their professional capacity and the fact that they have been made. The entitlement applies even if an Act provides that the rules of evidence do not apply, that a person or body is not bound by the rules of evidence or that a person is not excused from answering a question or producing any document or thing because of privilege or otherwise. Subclause (2) provides that the privilege does not apply if the communication involved was made for a criminal purpose. This privilege is based on an acknowledgment that some religions have a ritual of confessing one's sins to a member of the clergy as God's human intermediary, in circumstances where the member of the clergy is bound to keep the contents of the confession confidential. The privilege acknowledges that members of clergy, whose faith requires absolute confidentiality of a confession, would be placed in an intolerable situation if required to choose between compliance with a strict provision of their faith and an order of a court. Consequently, this privilege promotes the right to freedom of religion for the clergy of religious denominations which include the ritual of confession.