Limited waiver of legal professional privilege
486H Limited waiver of legal professional privilege
If, in proceedings to determine whether an order under section 486F should be made:
a person wishes to produce a document, record or information for the purpose of arguing why an order under section 486F should not be made; and
to do so would, but for this section, deny legal professional privilege to any person entitled to claim it;
the person may produce the document, record or information for that purpose.
However:
the document, record or information does not cease to be subject to legal professional privilege for any other purpose, or in any other circumstances; and
the court must make any orders necessary to ensure that legal professional privilege is protected for other purposes and in other circumstances.
Nothing in this section prevents a person who is entitled to claim legal professional privilege in relation to the document, record or information, from waiving that privilege.
In this section:
legal professional privilege includes privilege (however described) under any provision of Division 1 of Part 3.10 of the Evidence Act 1995.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.