Commonwealth Consolidated Acts

LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 - SECT 79

             (1)  A legal practitioner may refuse:

                     (a)  to give information; or

                     (b)  to produce a document or thing;

when served with a notice to do so under section 75 if the information would disclose, or the document contains, a privileged communication made by the legal practitioner (or to the legal practitioner) in his or her capacity as a legal practitioner.

             (2)  Subsection (1) has effect subject to paragraph 80(5)(c).

             (3)  Subsection (1) does not apply if the person to whom the communication was made (or by whom the communication was made) agrees to the legal practitioner:

                     (a)  giving the information; or

                     (b)  producing the document or thing.

             (4)  If the legal practitioner refuses:

                     (a)  to give the information; or

                     (b)  to produce the document or thing;

he or she must, if required by the Integrity Commissioner, give the Integrity Commissioner the name and address of the person to whom the communication was made (or by whom the communication was made).

             (5)  If a legal practitioner gets agreement, as mentioned in subsection (3):

                     (a)  the fact that he or she:

                              (i)  gives information; or

                             (ii)  produces a document or thing;

                            does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that information, document or thing; and

                     (b)  the information or document does not cease to be the subject of legal professional privilege merely because it is given, produced or referred to.