Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 40

Legal professional privilege

40. Legal professional privilege



(1) If-

   (a)  a person is required to answer a question at an examination or produce
        a document before the Chief Examiner; and

   (b)  the answer to the question would disclose, or the document contains, a
        communication that is recognised at law as privileged on the ground of
        legal professional privilege-

the person is, subject to subsection (2), entitled to refuse to comply with
the requirement.

(2) Where-

   (a)  a legal practitioner is required to answer a question at an
        examination or produce a document before the Chief Examiner; and

   (b)  the answer to the question would disclose, or the document contains, a
        privileged communication made by or to the legal practitioner in his
        or her capacity as a legal practitioner-

the legal practitioner is entitled to refuse to comply with the requirement
unless the person to whom or by whom the communication was made agrees to the
legal practitioner complying with the requirement but, where the legal
practitioner refuses to comply with the requirement, he or she must, if so
required by the Chief Examiner, give the Chief Examiner the name and address
of the person to whom or by whom the communication was made.