Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BE

Procedure for documents that may be subject to legal professional privilege

61BE. Procedure for documents that may be subject to legal professional
privilege



(1) This section applies if-

   (a)  any of the circumstances referred to in section 61BB(3) or 61BC(2)
        apply; and

   (b)  the authorised officer still wants to inspect, copy or seize the
        document or thing (as the case requires).

(2) In the circumstances referred to in section 61BB(3)(a) or 61BC(2)(a), the
authorised officer must require the person claiming that the document or thing
is the subject of legal professional privilege (the claimant) to seal the
document or thing immediately, or arrange for it to be sealed immediately, and
give it, or arrange for it to be given, to the authorised officer.





(3) The claimant must immediately seal the document or thing, or arrange for
it to be sealed, under the authorised officer's supervision and give it, or
arrange for it to be given, to the authorised officer.

Penalty: 120 penalty units or imprisonment for 12 months or both.

(4) In the circumstances referred to in section 61BB(3)(b) or 61BC(2)(b), the
authorised officer may take possession of the document or thing and must seal
the document or thing immediately.

(5) The authorised officer must immediately give the sealed document or thing
to a registrar of the Magistrates' Court to be held in safe custody.

(6) The registrar must keep the sealed document or thing in safe custody
until-

   (a)  an application is made to the Magistrates' Court under section 61BF to
        decide whether or not the document or thing is the subject of legal
        professional privilege; or

   (b)  the end of 3 court days after the day on which the sealed document or
        thing is given to the registrar, if an application has not been made
        under section 61BF; or

   (c)  the registrar is told by a person who appears to be entitled to the
        benefit of legal professional privilege and the authorised officer
        that agreement has been reached on the disposal of the sealed document
        or thing.

(7) The registrar must-

   (a)  if an application is made to the Magistrates' Court under section
        61BF-dispose of the sealed document or thing in the way ordered by the
        court; or



   (b)  if an application is not made by the end of 3 court days after the day
        on which the sealed document or thing is given to the registrar-give
        the sealed document or thing to a person who appears to be entitled to
        the benefit of legal professional privilege; or

   (c)  if a person who appears to be entitled to the benefit of legal
        professional privilege and the authorised officer give the registrar
        notice that an agreement on the disposal of the sealed document or
        thing has been reached-dispose of the sealed document or thing in the
        way agreed.

(8) The registrar is entitled to open and inspect the sealed document or thing
solely for the purpose of performing a function under subsection (6)(c) or
(7)(b) or (c).

(9) A person must not open a sealed document or thing unless authorised to
open it under this Act or a court order.

Penalty: 120 penalty units or imprisonment for 12 months or both.