Privileged Material (S.136 - S.147)

Question 1

Privileged material

Answer 1

Privilege allows the holders of particular information to refuse to disclose this information

Question 2

When does privilege not apply

Answer 2

Privilege does not apply when the information is made, received, compiled, or prepared for a dishonest purpose or to enable or aid any person to commit an offence

Question 3

Recognised privileged material includes material gained though communication with

Answer 3

• legal advisors
• ministers of religion
• medical practitioners
• clinical psychologists
• informer (informants)
• journalists

NOT accountants

Question 4

When a search involves privileged materials 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

Question 5

What else should you be aware of having to do when a search involves privileged material

Answer 5

• complete an inventory listing all documents seized and show to person present. leave a copy of this
• if you are searching and have RGTB that anything discovered may be privileged, then you must provide the person an opportunity to claim privilege
• if you receive or are expecting to receive a claim of privilege, secure the thing subject to this but do not continue to search or examine it

Be aware that the person may make a copy of any document before you seize it and they may object to the seizure of any document