Section 103 - Mental treatment

(1) A person has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication between that person and a physician or psychologist or any other persons who are participating in the diagnosis or treatment under the direction of the physician or psychologist where the communication was made for the purpose of diagnosis or treatment of a mental or an emotional condition.

(2) For the purposes of subsection (1), a communication is confidential if it is not intended to be disclosed to third persons other than those reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis or treatment under the direction of a physician or psychologist.

(3) A privilege under subsection (1) may be claimed by

(a) that person personally; or

(b) that person’s guardian or committee; or

(c) that person’s personal representative if that person is deceased; or

(d) the person who was the physician or psychologist or any other person who participated in the diagnosis or treatment under the direction of the physician or psychologist, unless that person is otherwise instructed to permit disclosure by a person authorised to claim the privilege by paragraph (a), (b), (c) or (d) of this subsection.

(4) A Court may disallow a claim of privilege under subsection (1) where

(a) in a proceeding to commit the person who was the patient the information sought is relevant to the determination of whether that person should be committed, or

(b) in a criminal or civil proceeding, the person claiming the privilege raises a matter relating to a mental or emotional condition, or

(c) a Court has ordered the person who was the patient to submit to an examination of the mental or emotional condition of that person by a physician or psychologist.