Superannuation (Resolution of Complaints) Act 1993 (Repealed)
(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.
View history note
Hide history noteIf 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.
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