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Legal Profession Act 2006
557Permitted disclosure of confidential information—ch 6
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557 Permitted disclosure of confidential information—ch 6
(1) The relevant council or an investigator may disclose information
obtained in the course of a trust account investigation, trust account
examination, complaint investigation or ILP compliance audit to any
of the following:
(a) any court, tribunal or other entity acting judicially;
(b) the relevant council or any other entity regulating legal
practitioners in any jurisdiction;
(c) any officer of or Australian legal practitioner instructed by—
(i) the relevant council or any other entity regulating legal
practitioners in any jurisdiction; or
(ii) the Territory, the Commonwealth, a State or another
Territory; or
(iii) an authority of the Territory, the Commonwealth, a State
or another Territory;
in relation to any proceeding, inquiry or other matter pending or
contemplated arising out of the investigation, examination or
audit;
(d) an investigative or prosecuting authority established under
legislation (for example, the Australian Securities and
Investments Commission);
Miscellaneous—ch 6 Part 6.5
(e) a police officer if the relevant council or investigator is
reasonably satisfied the information relates to an offence that
may have been committed by—
(i) if a law practice is the subject of the investigation,
examination or audit—the law practice or an associate or
former associate of the law practice; or
(ii) if an Australian lawyer is the subject of the investigation,
examination or audit—the lawyer or an associate or former
associate of the law practice of which the lawyer is or was
an associate;
(f) if the subject of the investigation, examination or audit is or
was—
(i) a law practice—a principal of the law practice; or
(ii) an incorporated legal practice—a director or shareholder in
the practice; or
(iii) an Australian lawyer—the lawyer or a principal of the law
practice of which the lawyer is or was an associate;
(g) if the subject of the investigation, examination or audit is or
was—
(i) a law practice—a client or former client of the practice; or
(ii) an Australian lawyer—a client or former client of the law
practice of which the lawyer is or was an associate;
but only if the information relates to the client or former client;
(h) if the subject of the investigation, examination or audit is or
was—
(i) a law practice—a supervisor, manager or receiver
appointed in relation to the law practice; or
(ii) an Australian lawyer—a supervisor, manager or receiver
appointed in relation to the law practice of which the
lawyer is or was an associate;
or an Australian legal practitioner or accountant employed by
the supervisor, manager or receiver;
(i) an investigator carrying out another investigation, examination
or audit in relation to the law practice or Australian lawyer who
is or was the subject of the investigation, examination or audit.
(2) No liability (including liability in defamation) is incurred by a
protected person in relation to anything done or omitted to be done
honestly for the purpose of disclosing information under this section.
(c) an investigator; or
(d) a member of the staff of any entity mentioned in this definition;
or
(e) a person acting at the direction of any entity mentioned in this
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