15Legal professional privilege

15 Legal professional privilege

(1) This section applies where: (a) under this Act, a person requires a lawyer to give information or produce a document; and (b) giving the information or producing the document would involve disclosing a privileged communication made by, on behalf of, or to the lawyer in his or her capacity as a lawyer. (2) The lawyer is entitled to refuse to comply with the requirement unless: (a) if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is being wound up—the liquidator of the body; or (b) otherwise—the person to whom, or by or on behalf of whom, the communication was made; consents to the lawyer complying with the requirement. (3) If the lawyer so refuses, he or she must, as soon as practicable, give to the person who made the requirement a written notice setting out: (a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made—that name and address; and (b) if the communication was made in writing—sufficient particulars to identify the document containing the communication.

Penalty for a contravention of this subsection: 15 penalty units.