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The Board adopts the view that if it is your
client who has complained to the Board then there is an implied
waiver of privilege insofar as you responding to the Board about
the complaint. If you are in any doubt you may wish to obtain your
own advice in that regard.
What if the complaint is made by someone who is not my client? On occasions complaints are made by persons other than the practitioner's client. This is common is relation to Family Law matters. Section 95C of the Legal Practitioners Act addresses the question of self-incrimination and legal professional privilege, and broadly indicates that it is not an excuse for a person to refuse or fail to answer a question, or to produce a document as required under the Legal Practitioners Act on the grounds of either self-incrimination or legal professional privilege. On occasions practitioners have preferred that the Board formally issue a notice pursuant to Section 76 of the Act to them to provide information or documents to the Board. It is the Board's view that in such circumstances it is a requirement under the Act to produce the documents or provide the information. Again, you may wish to obtain your own advice in that regard. |
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