Western Australian Numbered Acts Western Australian Numbered Acts (1) Nothing in
Part 6 or this Part prevents a person from refusing to answer a question,
provide information or produce a document or other thing because the answer or
information would relate to, or the document or thing contains, information in
respect of which the person claims legal professional privilege.
(2) The Board may
apply to the Supreme Court or a judge for a declaration that legal
professional privilege does, or does not, apply to the answer, information,
document or thing provided or acquired under Part 6 or this Part.
(3) A person who
claims the benefit of legal professional privilege in relation to an answer,
information, document or thing may apply for an order under
subsection (2).
(4) Nothing in this
section prevents a person entitled to claim legal professional privilege from
waiving its application to an answer, information, document or thing and a
waiver once made cannot later be revoked.
(5) A person, either
personally or on another’s behalf, who claims that legal professional
privilege applies to an answer, information, document or thing and who knows,
or ought to know at the time that claim is made that it is false, misleading,
or without substance, commits an offence.
Penalty:
(a) in
the case of an individual, a fine of $5 000;
(b) in
any other case, a fine of $10 000.