This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
expands the scope of privileges in the Bill so that they apply to any process or order of a court which requires disclosure as part of preliminary proceedings. This implements recommendation 14-6 in full and recommendations 14-1, 15-3, 15-6 and 15-11 in part of the 2005 LRCs' Report. The 2005 LRCs' Report noted that the introduction of the UEAs meant that two sets of laws operated in the area of privilege. The UEAs govern the admissibility of evidence of privileged communications and information. Otherwise the common law rules apply unless the privilege is expressly abrogated by statute. Within a single proceeding, different laws applied at the pre-trial and trial stages. The ability to resist or obtain disclosure of the same information varied. The 2005 LRCs' Report recommended that the operation of client legal privilege, professional confidential relationship privilege, sexual assault communications privilege and matters of state privilege should be extended to apply to any compulsory pre-trial process for disclosure (recommendations 14-1, 15-3, 15-6 and 15-11 respectively). This provision partly implements those recommendations, by extending the operation of the privileges to pre-trial court proceedings. The clause, implementing recommendation 14-6, ensures that clause 123 remains applicable only to the adducing of evidence at trial by an accused in a criminal proceeding, despite the extension of client legal privilege to pre-trial court proceedings. The privileges are not extended to non-curial contexts.