Notices—legal practitioner not required to disclose privileged communications
21D Notices—legal practitioner not required to disclose privileged communications
A legal practitioner may refuse to produce a document or thing, when served with a notice to do so under section 21A, if the document contains a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner.
Subsection (1) does not apply if the person to or by whom the communication was made agrees to the legal practitioner producing the document or thing.
If the legal practitioner refuses to produce the document or thing, he or she must, if required by the examiner who issued the notice, give the examiner the name and address of the person to or by whom the communication was made.
If a legal practitioner gets agreement, as mentioned in subsection (2):
the fact that he or she produces a document or thing does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document or thing; and
the document does not cease to be the subject of legal professional privilege merely because it is produced or referred to.
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