PRIVILEGED/CONFIDENTIAL SHORT ANSWER

Question 1

A communication with a legal adviser would be privileged when?

Answer 1

a) the communication must be intended to be confidential

b) the communication must be made for the purposes of obtaining or giving legal services

Question 2

What is privilege in relation to the giving of evidence?

Answer 2

Privilege in relation to the giving of evidence is the right to refuse to disclose or to prevent disclosure of what would otherwise be admissible.

Question 3

List the privileges outlined in the Evidence Act 2006.

CSPSCIPIP

Answer 3

Privilege for communications with legal advisers S54
Privilege of solicitors trust accounts S55
Privilege of preparatory material for proceedings S56
Privilege for settlement negotiations or mediation S57
Privilege for communications with ministers of religion S58
Privilege of information obtained by physical practitioners or clinical psychologists S59
Privilege against self incrimination S60
Informant privilege

Question 4

In relations to privilege of medical practitioners, ‘protected communication’ refers to communication made by the patient to the doctor for him/her to examine, treat or act for the patient who …

Answer 4

Suffering from a drug dependency or

Who has any other condition or behavior that manifests itself in criminal conduct

Question 5

Communications with Ministers of religion, define

Answer 5

Communications made in confidence to or by the minister in the minister’s capacity as a minister of religion and
made for the purpose of the person obtaining or receiving from the minister religious or spiritual advice, benefit or comfort.

Question 6

Informer privilege, define

Answer 6

An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informers identity.

Question 7

Journalists sources privilege

Answer 7

Where a journalist promises an informant not to disclose the informants identity, neither the journalist nor his or her employer is compellable to answer questions, or produce any document that would disclose the identity of the informant or enable that identity to be discovered.

Question 8

Overriding discretion as to confidential information

Answer 8

Allows the judge to prevent disclosure of confidential information after weighing up various factors to determine if the public interest justifies protection of the material