Privileged communications
194 Privileged communications
An officer who is a legal practitioner may refuse to give information or produce a document to an investigator if—
the information or document is a privileged communication between the legal practitioner as such and another person; and
the other person does not agree to its being given or its production; and
subsection (2) does not apply.
If the society to which the information or document relates is being wound-up, the legal practitioner must give the information or produce the document if the liquidator agrees to its being given or to its production.
Maximum penalty—400 penalty units or 2 years imprisonment.
A legal practitioner commits an offence if the practitioner—
refuses to give information or produce a document to an investigator on the ground that it is a privileged communication between the legal practitioner and another person who has not agreed to its being given or to its production; and
knows the name of the other person and the residential or other address at which the person might be found; and
fails to comply with a request by the investigator to give the investigator the name and address in writing.
Maximum penalty for subsection (3)—400 penalty units or 2 years imprisonment.
This Act’s bill:Explanatory memorandum
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