LEGAL PROFESSION ACT 2006 - SECT 527 Provisions relating to requirements under pt 6.2

LEGAL PROFESSION ACT 2006 - SECT 527

    (1)     This section applies to a requirement made of a person under this part.

    (2)     The validity of the requirement is not affected, and the person is not excused from compliance with the requirement, on the ground that a law practice or Australian legal practitioner has a lien over a particular document or class of documents.

Note     Section 597 (Professional privilege or duty of confidence does not affect validity of or compliance with certain requirements etc) contains a similar provision in relation to client legal privilege and duties of confidence. Section 523 (Privileges against self-incrimination and exposure to civil penalty) also applies to a requirement made of a person under this chapter.

    (3)     The investigator imposing the requirement may—

        (a)     inspect any document provided under the requirement; and

        (b)     make copies of the document or any part of the document; and

        (c)     keep the document for a period the investigator considers necessary for the purposes of the investigation in relation to which it was produced.

    (4)     The person is not subject to any liability, claim or demand only because of compliance with the requirement.

    (5)     A failure of an Australian lawyer to comply with the requirement can be unsatisfactory professional conduct or professional misconduct.

    (6)     The relevant council may suspend a local practitioner's local practising certificate while a failure by the practitioner to comply with the requirement continues.