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Associations Act 2003
99Privileged communications
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99 Privileged communications
(a) the Director makes a requirement under this Part of a legal
practitioner in relation to a book; and
(b) the book contains a privileged communication made by or on
behalf of the legal practitioner, 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 or on behalf of
whom, the communication was made agrees to the legal
practitioner complying with the requirement but, if the legal
practitioner refuses under this section to comply with a requirement,
the legal practitioner must immediately provide in writing to the
Director:
(c) if the legal practitioner knows the name and address of the
person to whom, or by or on behalf of whom, the
communication was made – that name and address; and
(d) sufficient particulars to identify the book, or the part of the
book, containing the communication.
Associations Act 2003 67
(2) If:
(a) the Director, acting in pursuance of this Part, requires a legal
practitioner to make a statement providing an explanation as
to a matter relating to the compilation of books or as to a
matter to which books relate; and
(b) the legal practitioner is not able to make that statement
without disclosing a privileged communication made by or on
behalf of the legal practitioner, 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, except to the extent that he or she is able to comply
with the requirement without disclosing a privileged communication
referred to in paragraph (b), unless the person to whom, or by or on
behalf of whom, the communication was made agrees to the legal
practitioner complying with the requirement.
(3) If the legal practitioner refuses to comply with a requirement under
subsection (2), the legal practitioner must immediately provide in
writing to the Director:
(a) if the legal practitioner knows the name and address of the
person to whom, or by or on behalf of whom, the
communication was made – that name and address; and
(b) if the communication was made in writing – sufficient
particulars to identify the document containing the
communication.