LEGAL PROFESSION ACT 2007 - SECT 706
Duty of relevant entities to report suspected offences
LEGAL PROFESSION ACT 2007 - SECT 706
Duty of relevant entities to report suspected offences
706 Duty of relevant entities to report suspected offences
(1) This section applies if, in the course of the administration of this Act,
a relevant entity suspects a person has committed an offence, other than—
(b) a suspicion arising
from an answer, information or a document obtained under section 491that is
privileged or confidential; or
(c) an offence against part 2.2 committed by
either of the following persons if the relevant entity considers the person
committed the offence inadvertently—
(i) a person employed by, or appointed
to, a government entity who is engaged in legal practice for the entity;
(ii)
a person who is employed by a corporation, other than an incorporated legal
practice, and who provides only in-house legal services to the corporation or
a related body corporate.
(b) make available to the
appropriate authority the documents and information relevant to the suspected
offence in the relevant entity’s possession or under its control or other
documents that, after it has made the report, come into the entity’s
possession or under its control.
(3) However, if the relevant entity’s
suspicion is based only on an allegation by a person and the suspected offence
is not in relation to a relevant law, the relevant entity may advise the
person as follows—
(b) that if the person wishes
to pursue the matter of the suspected offence, the person should raise it with
an appropriate authority.
(4) For this section but subject to subsections (5)
and (6) , it is immaterial how the relevant entity gained the information that
caused it to suspect that the person has committed an offence, including
whether or not the relevant entity obtained information or a document—
(a)
after a complaint or an investigation; or
(b) before the commencement of this
section.
(5) The obligation under subsection (2) (a) does not apply to a
suspicion formed on the basis of documents or information that may be subject
to privilege, or information derived from documents or information subject to
privilege, unless the person to whom the privilege attaches gives written
consent to the relevant entity to report the suspected offence under that
provision.
(6) The obligation under subsection (2) (b) does not apply to
documents or information that may be subject to privilege, or information
derived from documents or information subject to privilege, unless the person
to whom the privilege attaches gives written consent to the relevant entity to
make available to the appropriate authority the documents or information under
that provision.
(8) The commissioner must develop guidelines relating to obligations under
this section for the commission and for other relevant entities.
(9) To
remove any doubt, it is declared that the relevant entity is not under an
obligation to make inquiries for subsection (1) in relation to information
before it in order to have reasonable grounds about a concern or to decide
whether the suspicion is correct.
(10) In this section—
"appropriate authority" includes the following—
(a) the commissioner of
police;
(b) the Crime and Corruption Commission;
(c) the director of public
prosecutions;
(d) the chief executive of a department in which a government
legal officer is employed;
(e) a person in another jurisdiction corresponding
to a person mentioned in paragraph (a) , (b) , (c) or (d) .
"government entity" means an agency, authority or instrumentality of this
jurisdiction, the Commonwealth or another jurisdiction, other than an entity
mentioned in section 12(1) (a) to (d) .
"offence" means an offence against either of the following—
(a) a relevant
law;
(b) a law of the Commonwealth or another jurisdiction.