Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107)
In this Inquiry, the ALRC examined the application of client legal privilege (also known as legal professional privilege) within the context of federal investigations.
The Inquiry was announced as part of the Australian Government’s response to the Royal Commission that investigated the conduct of the Australian Wheat Board in relation to the United Nations ‘Oil for Food’ programme (the AWB Royal Commission). During that Royal Commission, the Hon Terence Cole QC was faced with extensive claims to privilege, which delayed the Royal Commission for over a year. Commissioner Cole ultimately recommended that consideration be given to providing that legal professional privilege not apply to royal commission proceedings.
To encourage public participation in the Inquiry, , the ALRC released two consultation papers—an Issues Paper, Client Legal Privilege in Federal Investigatory Bodies (IP 33), on 23 April 2007, and a Discussion Paper, Client Legal Privilege in Federal Investigatory Bodies (DP 73), on 26 September 2007.
The final report—Privilege in Perspective: Client Legal Privilege in Federal Investigations (ALRC 107)—was delivered to the Attorney-General on 24 December 2007 and tabled in federal Parliament on 13 February 2008.
Media releases relating to this Inquiry:
- ALRC media release: ALRC recommends overhaul of client legal privilege in federal investigations (13 February 2008)
- ALRC media release: ALRC addresses costly disputes over client legal privilege (26 September 2007)
- ALRC media release: Legal privilege controversies prompt ALRC review (23 April 2007)
- ALRC media release: Lawyer-client relationships put under ALRC microscope (30 November 2006)
- Attorney-General's media release: ALRC to review Legal Professional Privilege (30 November 2006)
The recommendations of ALRC 107 have not yet been implemented.