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LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 362
Confidentiality
362 Confidentiality
(1) An external intervener must not disclose information obtained as a result
of his or her appointment except-- (a) so far as is necessary for exercising
his or her powers or other functions; or
(b) as provided in subsection (2).
Civil penalty: 50 penalty units.
(2) An external intervener may disclose
information to any of the following-- (a) any court, tribunal or other person
acting judicially;
(b) a local regulatory authority;
(c) any officer of or
Australian legal practitioner instructed by or on behalf of-- (i) a local
regulatory authority; or
(ii) the Commonwealth, a State or a Territory; or
(iii) an authority of the Commonwealth or of a State or Territory--
in
relation to any proceedings, inquiry or other matter pending or contemplated
arising out of the investigation or examination;
(d) a member of the police
force of any jurisdiction if the designated local regulatory authority or
external intervener believes on reasonable grounds 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;
(e) 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;
(f) a client or
former client of the law practice concerned if the information relates to the
client or former client;
(g) another external intervener appointed in
relation to the law practice or any Australian legal practitioner or
accountant employed by that other external intervener;
(h) any other external
examiner carrying out an external examination of the trust records of the law
practice concerned;
(i) the fidelity authority of the fidelity fund for this
jurisdiction or any other jurisdiction.
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