Victorian Consolidated Legislation

Associations Incorporation Act 1981 - SECT 37N

Privilege

37N. Privilege



(1) A legal practitioner is entitled to refuse to comply with a requirement
under section 37D or 37J relating to a relevant document if-

   (a)  the document contains a privileged communication made by or on behalf
        of or to the legal practitioner in his or her capacity as a legal
        practitioner; or

   (b)  the legal practitioner is not able to comply with the requirement
        without disclosing a privileged communication made by or on behalf of
        or to the legal practitioner in his or her capacity as a legal
        practitioner.

(2) The legal practitioner is not entitled to refuse to comply with the
requirement to the extent that he or she is able to comply with it without
disclosing the privileged communication.





(3) The legal practitioner is also not entitled to refuse to comply with the
requirement if the person by or on behalf of whom the communication was made
or (if the person is an incorporated association in the course of being wound
up) the liquidator agrees to the legal practitioner complying with the
requirement.

(4) If the legal practitioner refuses to comply with the requirement, he or
she must immediately furnish in writing to the Registrar-

   (a)  the name and address of the person to whom or by or on behalf of whom
        the communication was made (if known to the legal practitioner); and

   (b)  sufficient particulars to identify the document containing the
        communication (if the communication was made in writing).

Penalty: 60 penalty units.