117Interpretation of Division

### 117 Interpretation of Division > > (1)  In this Division – > > > > > ***client*** includes the following: > > > > > > > > (a) [*\[Section 117 Subsection (1) amended by No. 46 of 2010, s. 32, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS32@Hpa@EN) a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service); > > > > > > > > > (b) an employee or agent of a client; > > > > > > > > > (c) an employer of a lawyer if the employer is – > > > > > > > > > > > > (i) the Commonwealth or a State or Territory; or > > > > > > > > > > > > > (ii) a body established by a law of the Commonwealth or a State or Territory; > > > > > > > > > (d) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person, however described, is for the time being acting in respect of the person, estate or property of a client, a manager, committee or person so acting; > > > > > > > > > (e) if a client has died, a personal representative of the client; > > > > > > > > > (f) a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made; > > > > > ***confidential communication*** means a communication made in such circumstances that, when it was made – > > > > > > > > (a) the person who made it; or > > > > > > > > > (b) the person to whom it was made – > > > > > > was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law; > > > > > ***confidential document*** means a document prepared in such circumstances that, when it was prepared – > > > > > > > > (a) the person who prepared it; or > > > > > > > > > (b) the person for whom it was prepared – > > > > > > was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law; > > > > [*\[Section 117 Subsection (1) amended by No. 46 of 2010, s. 32, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS32@Hpb@EN) > > > > > [*\[Section 117 Subsection (1) amended by No. 46 of 2010, s. 32, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS32@Hpb@EN) ***lawyer*** means – > > > > > > > > (a) an Australian lawyer; and > > > > > > > > > (b) an Australian-registered foreign lawyer; and > > > > > > > > > (c) an overseas-registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and > > > > > > > > > (d) an employee or agent of a lawyer referred to in [paragraph (a)](#GS117@Gs1@Nd1882008343211@Hpa@EN) , [(b)](#GS117@Gs1@Nd1882008343211@Hpb@EN) or [(c)](#GS117@Gs1@Nd1882008343211@Hpc@EN) ; > > > > > ***party*** includes the following: > > > > > > > > (a) an employee or agent of a party; > > > > > > > > > (b) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person, however described, is for the time being acting in respect of the person, estate or property of a party, a manager, committee or person so acting; > > > > > > > > > (c) if a party has died, a personal representative of the party; > > > > > > > > > (d) a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made. > > > (2)  A reference in this Division to the commission of an act includes a reference to a failure to act.