Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 61BF

Application to Magistrates' Court to decide on legal professional privilege

61BF. Application to Magistrates' Court to decide on legal professional
privilege



(1) Within 3 court days after an authorised officer gives a sealed document or
thing to a registrar of the Magistrates' Court under section 61BE, the
Director must apply to the Magistrates' Court to determine whether or not the
document or thing is the subject of legal professional privilege.

(2) The Magistrates' Court must decide whether or not the sealed document or
thing is the subject of legal professional privilege and for that purpose the
magistrate and any other person authorised by the Court may open and inspect
the sealed document or thing.

(3) If the Magistrates' Court decides that the sealed document or thing is the
subject of legal professional privilege, the Court may order that the document
or thing be given to a person entitled to the benefit of the privilege.

(4) If the Magistrates' Court decides that the sealed document or thing is not
the subject of legal professional privilege, the Court may order that the
document or thing be released to an authorised officer for the purpose of the
exercise of the authorised officer's powers under this Division.