116Directions to jury

116 Directions to jury

S. 116(1)(2) repealed by No. 14/2015 s. 73(1).

Note to s. 116 inserted by No. 14/2015 s. 73(2).

Section 116 of the Commonwealth Act and New South Wales Act requires the judge to give certain directions to the jury relating to identification evidence. Division 4 of Part 4 of the Jury Directions Act 2015 contains provisions relating to identification evidence that apply in criminal trials.

Part 3.10—Privileges

Division 1—Client legal privilege

117 Definitions

(1) In this Division—

client includes the following—

(a) 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;

S. 117(1) def. of lawyer amended by Nos 17/2014 s. 160(Sch. 2 item 39.4), 38/2017 s. 85.

lawyer means—

(a) an Australian lawyer; and

(b) a non-participant registered foreign lawyer; and

(c) a 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