Northern Territory Numbered Acts

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EVIDENCE (NATIONAL UNIFORM LEGISLATION) ACT 2011 (NO 33 OF 2011) - SECT 117

Definitions

    (1)     In this Division:

"client" includes the following:

    (a)     a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);

    (b)     an employee or agent of a client;

    (c)     an employer of a lawyer if the employer is:

        (i)     the Commonwealth or a State or Territory; or

        (ii)     a body established by a law of the Commonwealth or a State or Territory;

    (d)     if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client – a manager, committee or person so acting;

    (e)     if a client has died – a personal representative of the client;

    (f)     a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made.

"confidential communication" means a communication made in such circumstances that, when it was made:

    (a)     the person who made it; or

    (b)     the person to whom it was made;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"confidential document" means a document prepared in such circumstances that, when it was prepared:

    (a)     the person who prepared it; or

    (b)     the person for whom it was prepared;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"lawyer" means:

    (a)     an Australian lawyer; and

    (b)     an Australian-registered foreign lawyer; and

    (c)     an overseas-registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and

    (d)     an employee or agent of a lawyer referred to in paragraph (a), (b) or (c).

"party" includes the following:

    (a)     an employee or agent of a party;

    (b)     if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party – a manager, committee or person so acting;

    (c)     if a party has died – a personal representative of the party;

    (d)     a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.

    (2)     A reference in this Division to the commission of an act includes a reference to a failure to act.



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