South Australian Consolidated Acts

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LEGAL PRACTITIONERS ACT 1981 - SECT 73

73—Confidentiality

        (1)         Subject to this section, a member of the Board or a person employed or engaged on work related to the affairs of the Board must not divulge information that comes to his or her knowledge by virtue of that office or position except—

            (a)         in the course of carrying out the duties of that office or position; or

            (b)         as may be authorised by or under this Act; or

            (ba)         as may be authorised by or under an agreement or arrangement that has been approved by the Attorney-General under section 73A; or

            (c)         in evidence before a court in which criminal proceedings arising from matters subject to a report of the Board have been brought.

Maximum penalty: $10 000.

        (2)         A person referred to in subsection (1) may divulge information referred to in that subsection to—

            (a)         the Council; and

            (ab)         the Attorney-General; and

            (ac)         a member of a law enforcement or prosecution authority of a State, or of the Commonwealth, relating to a matter referred to the authority by the Attorney-General or reported to the authority by the Board, to which the information is relevant; and

            (ad)         a regulatory authority of a participating State who has requested the information in connection with actual or possible disciplinary action against a legal practitioner; and

            (b)         a committee or person to whom the Council has delegated its power to appoint an inspector pursuant to Division 5 of Part 3; and

            (c)         an inspector appointed pursuant to that Division.

        (3)         Nothing in this section prevents the disclosure of information relating to a complaint to the complainant or a person acting on behalf of the complainant.



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