Application of legal professional privilege to communications between commission and director of public prosecutions
49F Application of legal professional privilege to communications between commission and director of public prosecutions
This section applies to communications made in or for the performance of the director of public prosecutions’ function of giving the commission written advice under this subdivision—
as to whether the person should be prosecuted for a corruption offence; or
in relation to the charge for a corruption offence against the person.
Confidential communications between the commission and the director of public prosecutions are subject to legal professional privilege.
If legal professional privilege attaches to a confidential communication under this section, the commission does not waive the privilege only because the commission complies with a provision of this Act that requires the commission to disclose the communication.Examples of provisions requiring the commission to disclose a confidential communication—
• section 49(5)
• section 49C(4)
To remove any doubt, it is declared that this section does not affect the operation of any law imposing an obligation on the prosecuting entity to disclose material to the person in the course of the prosecution.
This Act’s bill:Explanatory memorandum
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