Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 117

    (1)     In this division:

"client" includes the following:

        (a)     an entity that engages a lawyer to provide legal services or that employs a lawyer (including under a contract of service);

        (b)     an employee or agent of a client;

        (c)     an employer of a lawyer if the employer is—

              (i)     the Commonwealth or a State or Territory; or

              (ii)     a body established by a law of the Commonwealth or a State or Territory;

        (d)     if, under a law of a State or Territory relating to people of unsound mind, a manager, committee or person (however described) is acting in relation to the person, estate or property of a client—the manager, committee or person;

        (e)     if a client has died—the client's personal representative;

        (f)     a successor to the rights and obligations of a client, that are rights and obligations in relation to which a confidential communication was made.

"confidential communication" means a communication made in circumstances that, when it was made—

        (a)     the person who made it; or

        (b)     the person to whom it was made;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"confidential document" means a document prepared in circumstances that, when it was prepared—

        (a)     the person who prepared it; or

        (b)     the person for whom it was prepared;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"lawyer" means—

        (a)     an Australian lawyer; and

        (b)     an Australian-registered foreign lawyer; and

        (c)     an overseas-registered foreign lawyer or an individual who, under the law of a foreign country, is permitted to engage in legal practice in that country; and

        (d)     an employee or agent of a lawyer mentioned in paragraph (a), (b) or (c).

"party" includes the following:

        (a)     an employee or agent of a party;

        (b)     if, under a law of a State or Territory relating to people of unsound mind, a manager, committee or person (however described) is acting in relation to the person, estate or property of a party—the manager, committee or person;

        (c)     if a party has died—the party's personal representative;

        (d)     a successor to the rights and obligations of a party, that are rights and obligations in relation to which a confidential communication was made.

    (2)     A reference in this division to the commission of an act includes a reference to a failure to act.