Legal Aid Act 1977

Sections 13 and 92 do not apply to the divulgence or communication of information, or the production of a document concerning the affairs of a person (a disclosure)—

for the purpose of facilitating the investigation or prosecution of an offence against this Act; or

with the express or implied consent of the person; or

in response to a subpoena under the ACT Civil and Administrative Tribunal Act 2008, section 41 (Powers in relation to witnesses etc) in relation to an application to the ACAT under the Legal Profession Act 2006.

Section 92 does not apply to the disclosure made to a Commonwealth entity if—

the disclosure is for the purpose of complying with a national agreement in relation to the provision of legal assistance services; and

Example

National Legal Assistance Partnership 2020-2025

the disclosure is authorised, in writing, by the chief executive officer under the disclosure guidelines; and

the chief executive officer is satisfied that the Commonwealth entity to which the disclosure is made is required to apply the Australian privacy principles in relation to the disclosed material; and

for divulgence or communication of information—the disclosure relates only to information collected on or after 1 July 2021; and

for production of a document—the document was produced on or after 1 July 2021.

Section 92 does not apply to the disclosure made to an entity if—

the disclosure is for the purpose of conducting research in relation to improving access to justice or the provision of legal assistance services; and

the disclosure is authorised, in writing, by the chief executive officer under the disclosure guidelines; and

for the disclosure to a Commonwealth entity—the chief executive officer is satisfied that the Commonwealth entity is required to apply the Australian privacy principles in relation to the disclosed material; and

for divulgence or communication of information—the disclosure relates only to information collected on or after 1 July 2021; and

for production of a document—the document was produced on or after 1 July 2021.

The Minister may make guidelines about how the chief executive officer authorises the disclosure of information for this section.

A disclosure guideline is a disallowable instrument.

In this section:

Australian privacy principles means the principles set out in the Privacy Act 1988 (Cwlth), schedule 1.

Commonwealth entity—

includes a Commonwealth department; and

includes the Australian Bureau of Statistics; but

does not include an entity carrying out work for the Commonwealth under a contract.

disclosure guidelines—see subsection (4).