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LEGAL PROFESSION ACT 2007 - SECT 537
Confidentiality for external intervener for law practice
537 Confidentiality for external intervener for law practice
(1) A person who is or was an external intervener for a law practice, or a
person who helped the external intervener in the intervention, must not
disclose information obtained as a result of the appointment or
external intervention except so far as is necessary for exercising the
functions or powers of a person who is or was an external intervener for the
law practice.
(2) However, the person may disclose information to any of the
following— (a) a court, tribunal or other person acting judicially;
(b) the
law society or a regulatory authority of another jurisdiction;
(c) the
commissioner;
(d) an officer of, or an Australian legal practitioner
instructed by, any of the following in relation to a proceeding, inquiry or
other matter pending or contemplated arising out of the
external intervention— (i) the law society or another regulatory authority
of another jurisdiction;
(ii) the Commonwealth or a State;
(iii) an
authority of the Commonwealth or a State;
(e) a member of the police service
or police force of any jurisdiction if, at the time of the disclosure, the
person believes that the information relates to an offence that may have been
committed by the law practice concerned or by an associate of the law
practice;
(f) the law practice concerned or a principal of the law practice
or, if the practice is an incorporated legal practice, a shareholder in the
practice;
(g) a client or former client of the law practice concerned if the
information relates to the client or former client;
(h) another
external intervener for the law practice, or an Australian legal practitioner
or accountant employed by that other intervener;
(i) an external examiner
exercising powers in relation to the trust records of the law practice
concerned.
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