Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 117

  (1)   In this Division:

"client" includes the following:

  (a)   a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);

  (b)   an employee or agent of a client;

  (c)   an employer of a lawyer if the employer is:

  (i)   the Commonwealth or a State or Territory; or

  (ii)   a body established by a law of the Commonwealth or a State or Territory;

  (d)   if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client--a manager, committee or person so acting;

  (e)   if a client has died--a personal representative of the client;

  (f)   a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made.

"confidential communication" means a communication made in such circumstances that, when it was made:

  (a)   the person who made it; or

  (b)   the person to whom it was made;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"confidential document" means a document prepared in such circumstances that, when it was prepared:

  (a)   the person who prepared it; or

  (b)   the person for whom it was prepared;

was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.

"lawyer" means:

  (a)   an Australian lawyer; and

  (b)   an Australian - registered foreign lawyer; and

  (c)   an overseas - registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and

  (d)   an employee or agent of a lawyer referred to in paragraph   (a), (b) or (c).

"party" includes the following:

  (a)   an employee or agent of a party;

  (b)   if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party--a manager, committee or person so acting;

  (c)   if a party has died--a personal representative of the party;

  (d)   a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.

  (2)   A reference in this Division to the commission of an act includes a reference to a failure to act.