CTHRepealedAct
Law Enforcement Integrity Commissioner Act 2006
95Legal practitioner not required to disclose privileged communications
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#### 95 Legal practitioner not required to disclose privileged communications
(1) A legal practitioner may refuse:
(a) to answer a question asked by the Integrity Commissioner at a hearing; or
(b) to produce a document or thing to the Integrity Commissioner at a hearing;
if the answer to the question would disclose, or the document or thing contains, a privileged communication made by or to the legal practitioner in his or her capacity as a legal practitioner.
(2) Subsection (1) has effect subject to paragraph 96(5)(d).
(3) Subsection (1) does not apply if the person to whom or by whom the communication was made agrees to the legal practitioner:
(a) answering the question; or
(b) producing the document or thing.
(4) If the legal practitioner refuses:
(a) to answer the question; or
(b) to produce the document or thing;
he or she must, if required by the Integrity Commissioner, give the Integrity Commissioner the name and address of the person to whom or by whom the communication was made.
(5) If a legal practitioner gets agreement, as mentioned in subsection (3):
(a) the fact that he or she:
(i) answers the question; or
(ii) produces a document or thing;
does not otherwise affect a claim of legal professional privilege that anyone may make in relation to the answer, document or thing; and
(b) the answer or document does not cease to be the subject of legal professional privilege merely because it is given, produced or referred to.