Victorian Numbered Acts

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POLICE INTEGRITY ACT 2008 (NO. 34 OF 2008) - SECT 71

Procedure for determining claims of legal professional privilege

    (1)     If a person claims at an examination or on production of a document before the Director that the document is the subject of legal professional privilege (other than privilege of a public authority or a public officer), the procedure set out in this section applies.

    (2)     The claimant must attend before the Director in accordance with the witness summons.

    (3)     The Director must consider the claim of privilege and either—

        (a)     withdraw the requirement to produce the document; or

        (b)     apply to the Supreme Court or County Court in accordance with section 72 for determination of the claim of privilege.

    (4)     The Director must not inspect the document in considering the claim of privilege.

    (5)     If the Director does not withdraw the requirement to produce the document, the Director must require the claimant to seal the document immediately, and give it to the Director.

    (6)     As soon as practicable and in any event within 3 days after the sealing of the document, the Director must give the sealed document or other thing, or cause it to be given, to the proper officer of the Supreme Court or the County Court to be held in safe custody.

    (7)     A person must not open a sealed document or other thing prior to delivery to the proper officer.



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