122Loss of client legal privilege: consent and related matters

122 Loss of client legal privilege: consent and related matters

[Section 122 Substituted by No. 46 of 2010, s. 34, Applied:01 Jan 2011]

(1)  This Division does not prevent the adducing of evidence given with the consent of the client or party concerned.

(2)  Subject to subsection (5) , this Division does not prevent the adducing of evidence if the client or party concerned has acted in a way that is inconsistent with the client or party objecting to the adducing of the evidence because it would result in a disclosure of a kind referred to in section 118 , 119 or 120 .

(3)  Without limiting subsection (2) , a client or party is taken to have so acted if –

(a) the client or party knowingly and voluntarily disclosed the substance of the evidence to another person; or

(b) the substance of the evidence has been disclosed with the express or implied consent of the client or party.

(4)  The reference in subsection (3)(a) to a knowing and voluntary disclosure does not include a reference to a disclosure by a person who was, at the time of the disclosure, an employee or agent of the client or party or of a lawyer of the client or party unless the employee or agent was authorised by the client, party or lawyer to make the disclosure.

(5)  A client or party is not taken to have acted in a manner inconsistent with the client or party objecting to the adducing of the evidence merely because –

(a) the substance of the evidence has been disclosed –

(i) in the course of making a confidential communication or preparing a confidential document; or

(ii) as a result of duress or deception; or

(iii) under compulsion of law; or

(iv) if the client or party is a body established by, or a person holding an office under, an Australian law, to the Minister, or the Minister of the Commonwealth, the State or Territory, administering the law, or part of the law, under which the body is established or the office is held; or