117Definitions—div 3.10.1

117 Definitions—div 3.10.1 (1) In this division: client includes the following: (a) an entity that engages a lawyer to provide legal services or that 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 people of unsound mind, a manager, committee or person (however described) is acting in relation to the person, estate or property of a client—the manager, committee or person; (e) if a client has died—the client’s personal representative; (f) a successor to the rights and obligations of a client, that are rights and obligations in relation to which a confidential communication was made. confidential communication means a communication made in 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 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. lawyer means— (a) an Australian lawyer; and (b) an Australian-registered foreign lawyer; and (c) an overseas-registered foreign lawyer or an individual 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 mentioned in paragraph (a), (b) or (c). party includes the following: (a) an employee or agent of a party; (b) if, under a law of a State or Territory relating to people of unsound mind, a manager, committee or person (however described) is acting in relation to the person, estate or property of a party—the manager, committee or person; (c) if a party has died—the party’s personal representative; (d) a successor to the rights and obligations of a party, that are rights and obligations in relation to 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.