Evidence Act 2001
117Interpretation of Division
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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] 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;