AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 587

Permitted disclosure of confidential information

(1)  The Board, prescribed authority 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 person acting judicially;
(b) the Board, prescribed authority or any other authority regulating legal practitioners in any jurisdiction;
(c) any officer of or Australian legal practitioner instructed by –
(i) the Board, prescribed authority or any other body regulating legal practitioners in any jurisdiction; or
(ii) the Commonwealth or a State or Territory of the Commonwealth; or
(iii) an authority of the Commonwealth or of a State or Territory of the Commonwealth –
in relation to any proceedings, inquiry or other matter pending or contemplated arising out of the investigation, examination or audit;
(d) an investigative or prosecuting authority established by or under legislation (for example, the Australian Securities and Investments Commission);
(e) a police officer, if the Board, prescribed authority or investigator suspects on reasonable grounds that 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;
(j) any other person to the extent that it is necessary for the purposes of properly conducting the investigation, examination or audit and making a report on the matter.
(2)  No liability (including liability in defamation) is incurred by a protected person in respect of anything done or omitted to be done in good faith for the purpose of disclosing information under this section.
(3)  For the purposes of subsection (2)  –
protected person means –
(a) the Board or prescribed authority or a member of the Board or prescribed authority; or
(b) an investigator; or
(c) a person acting at the direction of any person or entity referred to in this definition.



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