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LEGAL PROFESSION ACT 2007 - SECT 491 Confidentiality of client communications

LEGAL PROFESSION ACT 2007 - SECT 491

Confidentiality of client communications

491 Confidentiality of client communications

(1) An Australian legal practitioner must comply with a requirement under this chapter or a requirement under the QCAT Act , to answer a question or to produce information or a document, despite any duty of confidentiality about a communication between the legal practitioner and a client, but only if the client is the complainant or consents to its disclosure.
(2) A provision of an agreement with a client in settlement of a matter that involves conduct that may be the subject of a complaint under this chapter is not enforceable to prevent the client disclosing, or consenting to the disclosure of, information or a document for an investigation of the complaint, whether or not the complaint has been withdrawn, or an investigation matter.
(3) It is a reasonable excuse for the Australian legal practitioner not to comply with a requirement mentioned in subsection (1) if complying with the requirement might tend to incriminate the practitioner.
(4) For this section, the commissioner may give an undertaking to a person regarding non-disclosure of information or a document given under subsection (3) .