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Legal professional privilege

When responding to a complaint, legal professional privilege will need to be considered. 

If a client makes a complaint about their lawyer, then the client has impliedly waived privilege insofar as it would apply to a lawyer’s response to the complaint.

When a complaint is made by a third party (not the client directly involved), then a client’s privilege is not waived.

If a response to the Commissioner would require a client to waive privilege, or disclosure could prejudice the client, the lawyer should notify the Commissioner’s office immediately to discuss the situation.

Matters compulsorily disclosed to the Commissioner or Tribunal are inadmissible in other proceedings.

Provisions relating to self-incrimination and legal professional privilege are in Section 95C of the Act.