25Solicitor-client relationship

25 Solicitor-client relationship

25 Solicitor-client relationship

(1) The relationship arising by virtue of this Act between a solicitor, whether the solicitor is the Chief Executive Officer or a member of staff of the Commission or from a law practice to whom work is assigned under this Act, and an applicant for legal aid or a person to whom legal aid is granted shall be the relationship as between a solicitor acting in the solicitor’s professional capacity and in the course of the solicitor’s professional employment and the solicitor’s own client.

(1A) The relationship that arises as referred to in subsection (1) between a solicitor and a person who is an applicant for legal aid or who is a person to whom legal aid is granted arises only in the context of functions performed by the solicitor in the course of acting for the person as solicitor. That relationship does not arise therefore in the course of the exercise of functions under this Act in arranging for a law practice to act on behalf of the person.

(2) The like privileges as those which arise from the relationship of a solicitor acting in the solicitor’s professional capacity and in the course of the solicitor’s professional employment and the solicitor’s own client shall arise between the Commission or a committee or panel established under this Act and an applicant for legal aid or a person to whom legal aid is granted.

(3) Without affecting the generality of subsection (1) or (2), the Commission, a committee or panel established under this Act, the Chief Executive Officer or a member of staff of the Commission is not required to divulge to any person or court any information or document (including an application for legal aid) relating to the administration of legal aid.

(4) Nothing in subsection (1), (2) or (3) applies in respect of—

(a) the conduct of any matter necessary for the proper administration of this Act (including an agreement or arrangement referred to in section 72A),

(b) proceedings for an offence connected with the administration of legal aid,

(c) any disciplinary proceedings under the Legal Profession Uniform Law (NSW),

(d) any proceedings by which the Commission is seeking to recover money from a person in respect of whom legal aid has been granted,

(e) an investigation or inquiry under the ,