Privileged Material

Question 1

Recognized privilege material*

Answer 1

Includes material gained through comms with:
Lawyers
Minister of religion
Med practitioners
Clinical psych
Informers
Journalists

Question 2

Steps if dealing with privileged material

Answer 2

Ensure the person or their rep is present when the search is undertaken
Give the person reasonable opportunity to claim privilege

That person must provide me with list of things being claimed as privilege

Pol268 listing all docs seized and show this to person present and have them check accuracy. Provide copy

Person may make any copy of the doc before I seize it and may object to the seizure.

If searching with warrant or warrantless and have RGTB that anything discovered may be privileged, I must provide them an opportunity to claim privilege

If you receive a claim of privilege, secure the thing but do not search or examine it. Do not undertake any other investigation in reliance on it unless no claim of privilege is made or search is in accordance with directions of the court determining claim of privilege.