Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 9 - MISCELLANEOUS  

SECTION 60   LEGAL PROFESSIONAL PRIVILEGE  

60(1)   [Application of section]  

This section applies if:

(a) under section 25 , a person requires a lawyer:

(i) to give information; or

(ii) to produce a document; and

(b) giving the information would involve disclosing, or the document contains, as the case may be, a privileged communication made by, on behalf of or to the lawyer in his or her capacity as a lawyer.

60(2)   [Lawyer entitled to refuse]  

The lawyer is entitled to refuse to comply with the requirement unless:

(a) if the person to whom, or by or on behalf of whom, the communication was made is a body corporate that is under administration or is being wound up - the administrator or liquidator of the body; or

(b) otherwise - the person to whom, or by or on behalf of whom, the communication was made;

consents to the lawyer complying with the requirement.

60(3)   [Notice]  

If the lawyer so refuses, he or she must, as soon as practicable, give to the Tribunal a written notice setting out:

(a) if the lawyer knows the name and address of the person to whom, or by or on behalf of whom, the communication was made - that name and address; and

(b) if subparagraph (1)(a)(i) applies and the communication was made in writing - sufficient particulars to identify the document containing the communication; and

(c) if subparagraph (1)(a)(ii) applies - sufficient particulars to identify the document, or the part of the document, containing the communication.

60(4)   [Non-compliance]  

A person must not intentionally or recklessly refuse or fail to comply with subsection (3).

Penalty: 30 penalty units.