Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 41

Procedure for determining claims of legal professional privilege

41. Procedure for determining claims of legal professional privilege



(1) If a person claims at an examination or on production of a document or
other thing before the Chief Examiner that the document or thing is the
subject of legal professional privilege, the procedure set out in this section
applies.

(2) The claimant must attend before the Chief Examiner in accordance with the
witness summons.

(3) The Chief Examiner must consider the claim of privilege and either-

   (a)  withdraw the requirement to produce the document or other thing in
        relation to which the claim is made; or

   (b)  apply to the Magistrates' Court in accordance with section 42 for
        determination of the claim of privilege.

(4) The Chief Examiner must not inspect the document or other thing in
considering the claim of privilege and may not make an authorisation under
section 47.

(5) If the Chief Examiner does not withdraw the requirement to produce the
document or other thing in relation to which the claim of privilege is made,
the Chief Examiner must require the claimant to seal the document or other
thing immediately, and give it to the Chief Examiner.

(6) As soon as practicable and in any event within 3 days after the sealing of
the document or other thing, the Chief Examiner must give the sealed document
or other thing, or cause it to be given, to a registrar of the Magistrates'
Court to be held in safe custody.

(7) A person must not open a sealed document or other thing prior to delivery
to the Magistrates' Court.