Section 104 - Religious advice

(1) A person has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication by that person to a professional minister of religion who is prevented from disclosing the communication by the code of the religion of that minister and has been consulted in a professional role as a spiritual adviser.

(2) For the purposes of subsection (1), a communication is confidential if made privately and not intended for further disclosure.

(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 professional minister of religion to whom subsection (1) applies.