Relationship between legal practitioner and client
31 Relationship between legal practitioner and client
S. 31(1) amended by Nos 10/1986 s. 15(a), 61/1989 s. 10(a)(i)(ii), 35/1996 s. 453(Sch. 1 item 47.7(a)), 18/2005 s. 18(Sch. 1 item 57.20(a)).
Subject to subsection (3), the relationship, and any privilege arising out of the relationship, between legal practitioner and client is not, and the rights of any of them are not, affected by the disclosure of information or the circumstances of a private legal practitioner giving his or her services in pursuance of this Act.
S. 31(2) amended by Nos 10/1986 s. 15(b), 48/1995 s. 10(r)(i)(ii), 35/1996 s. 453(Sch. 1 item 47.7(b)), 18/2005 s. 18(Sch. 1 item 57.20(b)).
Subject to subsection (3), the like privileges as those that arise from the relationship of client and legal practitioner acting in his professional capacity and in the course of his professional employment shall arise between an applicant or an assisted person and VLA or a legal practitioner who is an officer of VLA when VLA or that officer practises as, or performs any of the functions of, the legal practitioner for the applicant or assisted person in pursuance of this Act.
S. 31(3) amended by Nos 10/1986 ss 9(b), 15(c), 16(b), 48/1995 s. 10(r)(ii), 44/1997 s. 17(5)(a)(b), substituted by No. 18/2005 s. 18(Sch. 1 item 57.21).
A relevant person in relation to an assisted person must disclose to VLA, an officer of VLA or an independent reviewer any information that is within the relevant person's knowledge or to which the relevant person has access that is required by VLA, the officer or the independent reviewer for the purposes of performing functions under this Act and that—
is relevant to the provision of services by way of legal assistance to the assisted person; or
concerns the progress and disposal of the matter.
S. 31(4) inserted by No. 10/1986 s. 15(d), repealed by No. 61/1989 s. 10(b), new s. 31(4) inserted by No. 18/2005 s. 18(Sch. 1 item 57.21).
In subsection (3)—
relevant person, in relation to an assisted person, means—
a private law practice that has been selected to perform, is performing, or has performed, services for the assisted person in respect of any matter; or
a private legal practitioner who is or was a partner, director or employee of that private law practice.
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