Privileged Material

Question 1

What is Privileged Material?

Answer 1

Privilege allows holders of particular information to refuse to disclose this information as it is recognised as ‘priviledged’ under the Search and Surveillance Act.

Question 2

When does no privilege apply?

Answer 2

If information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.

Question 3

Recognized priviledged material includes material gained through communication with?

Answer 3

• Legal Advisers
• Ministers of Religion
• Medical Practitioners
• Clinical Psychologists
• Informers (informants)
• Journalists

Question 4

Privilege Practical Procedures (You must)

Answer 4

• Ensure that the person or their representative is present when the search is undertaken.
• Give the person a reasonable opportunity to claim privilege.