New South Wales Consolidated Regulations

LEGAL PROFESSION REGULATION 2005 - REG 177

177 Advice on and handling of documents

(1) An Australian legal practitioner must not give advice to a client to the effect that a document should be destroyed, or should be moved from the place at which it is kept or from the person who has possession or control of it, if the practitioner is aware that:

(a) it is likely that legal proceedings will be commenced in relation to which the document may be required, and

(b) following the advice will result in the document being unavailable or unusable for the purposes of those proceedings.

(2) An Australian legal practitioner must not destroy a document or move it from the place at which it is kept or from the person who has possession or control of it, or aid or abet a person in the destruction of a document or in moving it from the place at which it is kept or from the person who has possession or control of it, if legal practitioner is aware that:

(a) it is likely that legal proceedings will be commenced in relation to which the document may be required, and

(b) the destruction or moving of the document will result in the document being unavailable or unusable for the purposes of those proceedings.

(3) Subclauses (1) and (2) apply even if there has been no indication that a specific person intends to commence proceedings in relation to which the document concerned may be required.

(4) A contravention of this clause is declared to be professional misconduct.

(5) Despite the other provisions of this clause, it is not professional misconduct for an Australian legal practitioner merely to move a document in the possession or control of the practitioner to a person who is lawfully entitled to possession or control of the document if the person requests the practitioner to do so.

(6) In this clause, "destroy" a document includes make the document illegible.