South Australian Current Acts

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LEGAL SERVICES COMMISSION ACT 1977 - SECT 31A

31A—Secrecy

        (1)         This section applies to—

            (a)         a member or former member of the Commission; or

            (b)         an employee or former employee of the Commission; or

            (c)         a member or former member of a committee (including the Legal Profession Reference Committee) established by the Commission; or

            (ca)         a member or former member of the panel of assessors established under section 12B; or

            (d)         a person who is or has been engaged in duties relating to the audit of the accounts of the Commission.

        (2)         Subject to subsection (3), a person to whom this section applies must not—

            (a)         communicate directly or indirectly to any person information concerning the affairs of another person acquired by reason of his or her position, duties or functions under this Act; or

            (b)         produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.

Maximum penalty: $1 250 or imprisonment for 6 months.

        (3)         Subsection (2) does not prevent the communication of information, or the production of documents, by a person to whom this section applies—

            (a)         in the ordinary course of carrying out duties or functions under this Act; or

            (b)         in accordance with an authorisation of the person to whose affairs the information or documents relate; or

            (c)         in accordance with the rules relating to disclosure of documents; or

            (d)         in accordance with a requirement or authorisation of a court, tribunal or body invested by law with judicial or quasi-judicial powers; or

            (e)         in accordance with a requirement of a person who is by law invested with power to require disclosure of the information, or to require production of, or inspect, the documents; or

            (f)         in accordance with a requirement or authorisation of the Commission.



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