Victorian Current Acts

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LEGAL PROFESSION UNIFORM LAW APPLICATION ACT 2014 - SECT 112

Confidentiality

    (1)     A person who is, or has been, a member or an acting member of the Liability Committee or an employee of or consultant to the Liability Committee must not, directly or indirectly, make a record of, disclose or communicate to any person any information relating to the affairs of any person or firm acquired in the performance of functions under the Legal Profession Uniform Law (Victoria) or this Act, unless—

        (a)     it is necessary to do so for the purposes of, or in connection with, the performance of a function under the Legal Profession Uniform Law (Victoria) or this Act; or

        (b)     the person to whom the information relates gives written consent to the making of the record, disclosure or communication.

Penalty:     60 penalty units.

    (2)     Subsection (1) does not prevent a person—

        (a)     producing a document or giving evidence to a court or tribunal in the course of criminal proceedings, proceedings under this Act or proceedings relating to a contract of professional indemnity insurance; or

        (b)     disclosing or communicating to the Victorian Legal Services Board or a local professional association the name of a law practice, Australian legal practitioner or Australian-registered foreign lawyer suspected of breaching a provision of, or failing to maintain, a contract of professional indemnity insurance; or

S. 112(2)(c)
amended by No. 37/2014 s. 10(Sch. item 95.3).

        (c)     reporting a suspected defalcation to the Victorian Legal Services Board, a local professional association or Victoria Police or assisting any of them in their investigation.

    (3)     This section applies despite anything to the contrary in section 462 of the Legal Profession Uniform Law (Victoria).



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