LEGAL PROFESSION ACT 2007 - SECT 705
Confidentiality of information
LEGAL PROFESSION ACT 2007 - SECT 705
Confidentiality of information
705 Confidentiality of information
(1) A person who discloses information obtained in the administration of this
Act commits an offence, unless the disclosure is—
(a) authorised or required
by this Act or another Act; or
(b) made in connection with the administration
of this Act; or
(c) made with the consent of the person to whom the
information relates; or
(d) made in connection with a legal proceeding under
a relevant law or any report of a proceeding, including a proceeding before a
disciplinary body relating to a discipline application; or
(e) otherwise made
with a lawful excuse.
Penalty—
Maximum penalty—200 penalty units.
(2) For the purposes of and without limiting subsection (1) , a person who
receives information directly or indirectly from a corresponding authority is
taken to have obtained the information in the administration of this Act.
(3)
This section does not apply to the following disclosures of information—
(a)
a disclosure that does not identify or help in identifying—
(i) a
complainant; or
(ii) an Australian legal practitioner, law practice employee
or other entity that is the subject of a complaint or investigation matter, or
an entity or law practice that employs the entity, legal practitioner or
employee; or
(iii) an investigated entity that is the subject of a chapter 5A
investigation; or
(iv) a person associated with an entity mentioned in
subparagraph (i) , (ii) or (iii) ;
(b) a disclosure by an investigator—
(i)
to the commissioner; or
(ii) if the investigator was appointed by a
regulatory authority—to the regulatory authority; or
(iii) to the person to
whom the information relates;
(c) a disclosure as prescribed under a
regulation.
(4) This section is not limited by another provision of this
Act—
(a) allowing an entity to disclose information; or
(b) requiring an
entity to protect information.
(5) In this section—
"Australian legal practitioner" includes a person to whom chapter 4 applies as
mentioned in section 417.
