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Legal professional privilege

Legal professional privilege

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

If a client makes a complaint about you, then the client has impliedly waived privilege insofar as it would apply to your 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 your response to the Commissioner would require a client to waive privilege, or disclosure could prejudice the client, you 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.