Legal professional privilege
337AE Legal professional privilege
This section applies if:
under this Part, a person requires a lawyer:
to give information; or
to produce a document; and
giving the information would involve disclosing, or the document contains, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.
The lawyer is entitled to refuse to comply with the requirement unless the person to whom, or by or on behalf of whom, the communication was made, consents to the lawyer complying with the requirement.
If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out:
if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and
if subparagraph (1)(a)(i) applies and the communication was made in writing—sufficient particulars to identify the document containing the communication; and
if subparagraph (1)(a)(ii) applies—sufficient particulars to identify the document, or the part of the document, containing the communication.
Penalty: 10 penalty units or imprisonment for 3 months, or both.
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