Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 70

Legal professional privilege

    (1)     If—

        (a)     a person is required to answer a question at an examination or produce a document before the Director; and

        (b)     the answer to the question would disclose, or the document contains, a communication that is recognised at law as privileged on the ground of legal professional privilege—

the person is, subject to subsections (2) and (3), entitled to refuse to comply with the requirement.

    (2)     If—

        (a)     a legal practitioner is required to answer a question at an examination or produce a document before the Director; and

        (b)     the answer to the question would disclose, or the document contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner—

the legal practitioner is entitled to refuse to comply with the requirement unless the person to whom or by whom the communication was made agrees to the legal practitioner complying with the requirement but, if the legal practitioner refuses to comply with the requirement, he or she, if so required by the Director, must give the Director the name and address of the person to whom or by whom the communication was made.

    (3)     Subsections (1) and (2) do not apply to any privilege of a public authority or public officer.

    (4)     Nothing in subsection (3) affects the right of a public authority or public officer to object to the answering of a question or production of a document in relation to a criminal proceeding to which the authority or officer is a party on the ground of legal professional privilege, whether that proceeding commenced before, on or after the requirement referred to in subsection (1) or (2) was made.



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