Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LEGAL PROFESSION ACT 2006 - SECT 557

Permitted disclosure of confidential information—ch 6

    (1)     The relevant council or an investigator may disclose information obtained in the course of a trust account investigation, trust account examination, complaint investigation or ILP compliance audit to any of the following:

        (a)     any court, tribunal or other entity acting judicially;

        (b)     the relevant council or any other entity regulating legal practitioners in any jurisdiction;

        (c)     any officer of or Australian legal practitioner instructed by—

              (i)     the relevant council or any other entity regulating legal practitioners in any jurisdiction; or

              (ii)     the Territory, the Commonwealth, a State or another Territory; or

              (iii)     an authority of the Territory, the Commonwealth, a State or another Territory;

in relation to any proceeding, inquiry or other matter pending or contemplated arising out of the investigation, examination or audit;

        (d)     an investigative or prosecuting authority established under legislation (for example, the Australian Securities and Investments Commission);

        (e)     a police officer if the relevant council or investigator is reasonably satisfied the information relates to an offence that may have been committed by—

              (i)     if a law practice is the subject of the investigation, examination or audit—the law practice or an associate or former associate of the law practice; or

              (ii)     if an Australian lawyer is the subject of the investigation, examination or audit—the lawyer or an associate or former associate of the law practice of which the lawyer is or was an associate;

        (f)     if the subject of the investigation, examination or audit is or was—

              (i)     a law practice—a principal of the law practice; or

              (ii)     an incorporated legal practice—a director or shareholder in the practice; or

              (iii)     an Australian lawyer—the lawyer or a principal of the law practice of which the lawyer is or was an associate;

        (g)     if the subject of the investigation, examination or audit is or was—

              (i)     a law practice—a client or former client of the practice; or

              (ii)     an Australian lawyer—a client or former client of the law practice of which the lawyer is or was an associate;

but only if the information relates to the client or former client;

        (h)     if the subject of the investigation, examination or audit is or was—

              (i)     a law practice—a supervisor, manager or receiver appointed in relation to the law practice; or

              (ii)     an Australian lawyer—a supervisor, manager or receiver appointed in relation to the law practice of which the lawyer is or was an associate;

or an Australian legal practitioner or accountant employed by the supervisor, manager or receiver;

              (i)     an investigator carrying out another investigation, examination or audit in relation to the law practice or Australian lawyer who is or was the subject of the investigation, examination or audit.

    (2)     No liability (including liability in defamation) is incurred by a protected person in relation to anything done or omitted to be done honestly for the purpose of disclosing information under this section.

    (3)     In this section:

"protected person" means—

        (a)     the bar association or law society; or

        (b)     a council or any member of a council; or

        (c)     an investigator; or

        (d)     a member of the staff of any entity mentioned in this definition; or

        (e)     a person acting at the direction of any entity mentioned in this definition.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback