Should Western Australia Adopt An Evidentiary Privilege Protecting Communications Given In Religious Confessions?
AbstractThis is a note considering the case for a privilege to protect confessions by penitents to clergy. It reviews the common law position in Anglo-Australian law, legislation on the matter in Australia and the merits of an approach leaving the matter to judicial discretion. The note concludes that it would be better to grant the privilege without any dependence on such discretion. |