Victorian Consolidated Legislation

Legal Profession Act 2004 - SECT 4.4.11.

4.4.11. Practitioner, law practice and others to provide information and
documents

(1) An investigating authority may require an Australian legal practitioner
who is subject to an investigation under this Division to provide-

   (a)  a full written explanation of the practitioner's conduct; and

   (b)  any other information or documents-

and to verify the explanation, information or documents by statutory
declaration or another manner specified by the investigating authority.

(2) The power referred to in subsection (1)(b) is exercisable-

   (a)  at any time during the investigation; and

   (b)  so far as the power relates to the provision of documents-also at any
        time after the investigation but before the commencement of the
        hearing by the Tribunal of any charge resulting from the
        investigation.

(3) For the purpose of an investigation under this Division, an investigating
authority may require any of the following to provide any information or
documents and to verify the information or documents by statutory declaration
or another manner specified by the investigating authority-

   (a)  a law practice of which the practitioner subject to the investigation
        is an associate;

   (b)  an associate of a law practice referred to in paragraph (a);

   (c)  an Australian legal practitioner who is not subject to investigation.

(4) For the purpose of an investigation under this Division, an investigating
authority may require an ADI that, or an external examiner who, has any
documents that may be relevant to the subject-matter of the investigation to
provide those documents and to verify them by statutory declaration or another
manner specified by the investigating authority.

(5) A requirement under subsection (1), (3) or (4) must be in writing and must
allow the person to whom, or body to which, it is given at least 14 days to
comply.

(6) A person or body may not refuse to comply with subsection (1) or (3)-

   (a)  on the ground of any duty of confidence, including any duty of
        confidence owed by a law practice or legal practitioner to a client;
        or

   (b)  on the ground that the production of the record or giving of the
        information may tend to incriminate the person or body.

(7) If a natural person, before producing a document or giving an explanation
or information, objects to the investigating authority on the ground that the
production of the document or giving of the explanation or information may
tend to incriminate the person, the document, explanation or information is
inadmissible in evidence in any proceeding against the person for an offence,
other than-

   (a)  an offence against this Act; or

   (b)  any other offence in relation to the keeping of trust accounts or the
        receipt of trust money; or

   (c)  an offence against section 314(1) of the Crimes Act 1958 (perjury).

(8) An investigating authority may make copies of any document provided to the
investigating authority under this section.

(9) In this section-

investigating authority means-

   (a)  the Commissioner, in relation to any investigation;

   (b)  a prescribed investigatory body, in relation to the investigation of a
        complaint referred to it under section 4.4.9.