Victorian Consolidated Legislation

Legal Aid Act 1978 - SECT 31

Relationship between legal practitioner and client

31. Relationship between legal practitioner and client



(1) Subject to subsection (3), the relationship, and any privilege arising out
of the relationship, between legal practitioner and client is not, and the
rights of any of them are not, affected by the disclosure of information or
the circumstances of a private legal practitioner giving his or her services
in pursuance of this Act.



(2) Subject to subsection (3), the like privileges as those that arise from
the relationship of client and legal practitioner acting in his professional
capacity and in the course of his professional employment shall arise between
an applicant or an assisted person and VLA or a legal practitioner who is an
officer of VLA when VLA or that officer practises as, or performs any of the
functions of, the legal practitioner for the applicant or assisted person in
pursuance of this Act.

(3) A relevant person in relation to an assisted person must disclose to VLA,
an officer of VLA or an independent reviewer any information that is within
the relevant person's knowledge or to which the relevant person has access
that is required by VLA, the officer or the independent reviewer for the
purposes of performing functions under this Act and that-

   (a)  is relevant to the provision of services by way of legal assistance to
        the assisted person; or

   (b)  concerns the progress and disposal of the matter.

(4) In subsection (3)-

relevant person, in relation to an assisted person, means-

   (a)  a private law practice that has been selected to perform, is
        performing, or has performed, services for the assisted person in
        respect of any matter; or

   (b)  a private legal practitioner who is or was a partner, director or
        employee of that private law practice.