Privilege

Question 1

What does privileged material allow the holders of it to do?

Answer 1

Privilege allows the holders of particular information to refuse to disclose it.

Question 2

When would privilege not apply?

Answer 2

If 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

List where privilege may apply regarding some professions.

Answer 3

• Legal advisors
• Ministers of religion
• Medical practitioners
• Clinical psychologists
• Journalists

Question 4

When undertaking a search and privilege is invoked or is likely to be invoked, what must you ensure takes place?

E.g. searching a doctors office

Answer 4

• That the person or their representative is present when the search is undertaken.
• That they have been given a reasonable opportunity to claim privilege.

Question 5

What must you provide to the person or their representative prior to leaving a search warrant if a claim of privilege is made?

Answer 5

• An inventory listing all the documents seized
• You must show it to the person present
• Invite them to check it for accuracy
• Leave a copy for them

Question 6

List two things that a person may do in relation to documents you have seized that they claim as privileged.

Answer 6

• They may make a copy of any document before you seize it
• They may object to the seizure of any document

Question 7

What must you do if you have RGTB that anything discovered during your search may be considered as privileged?

Answer 7

You must give the person a reasonable opportunity to claim privilege.

Not examine it further until the issue of privilege is determined, or privilege is withdrawn or not applied for.

Question 8

What is the process when someone claims privilege or you are expecting to receive a claim of privilege?

Answer 8

Secure the thing but do not examine it.
Do not undertake any investigations in reliance on it
Await direction of the court determining the claim of privilege.