Legal professional privilege
89 Legal professional privilege
This section applies if:
under this Act, a person requires a lawyer;
to give information; or
to produce a book, account or document; and
either:
giving the information would involve disclosing; or
the book, account or document contains;
a privileged communication made by, or on behalf of or to the lawyer in their capacity as a lawyer.
The lawyer is entitled to refuse to comply with the requirement unless:
if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is under administration or is being wound up—the administrator or the liquidator of the body; or
otherwise—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, they must, as soon as practicable, give to the person who made the requirement a written notice setting out:
if the lawyer knows the name 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 book, account or document, or the part of the book, account or document, containing the communication.
A person commits an offence if the person refuses or fails to comply with a requirement under this section.
Penalty: 30 penalty units.
This Act’s bill:Explanatory memorandumSecond reading speech
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