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Thursday, 21 November 1974
Page: 2682


Senator MURPHY (New South WalesAttorneyGeneral) - I move:

In sub-clause (2) leave out 'that takes place in pursuance of this Part with a person to whom this section applies' and insert 'with a person to whom this section applies acting in the capacity referred to in sub-section ( 1 )'.

This clause spells out in greater detail than the present Matrimonial Causes Act the classes of persons to whom privilege is accorded in relation to admissions and other communications made by parties to the marriage in the course of marriage counselling or other efforts at reconciliation. The clause states:

(   1 ) This section applies to-

(a)   a marriage counsellor

(b)   a person nominated, or acting on behalf of an organisation nominated, in accordance with sub-paragraph 14(2)(b)(ii);or

(c)   a person to whom a party to a marriage has been referred by a marriage counsellor, or by a person referred to in paragraph (b), for medical or other professional consulation.

The new provision will state:

(2)   Evidence of anything said or of any admission made at a conference with a person to whom this section applies acting in the capacity referred to in sub-section ( 1 ) is not admissible . . .







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