Privileged Material

Question 1

Define: Privilege material

Answer 1

Privilege allows the holders of particular info to refuse to disclose that info. This info is recognized as privileged under the SS Act.

Question 2

What type of info when made is not deemed privilege?

Answer 2

Info that is made, received, compiled or prepared for a dishonest purpose, or to enable or aid someone to commit an offence.

Question 3

Recognized privilege material includes?

Answer 3

Information gained through communication with:
- Legal advisors
- Ministers
- Medical Practitioners
- Clinical Pyschologists
- Informants
- Journalists

Question 4

What are the set procedures when a search involves privileged material held by a specified person?

Answer 4

You must:
- 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

As soon as practicable after being given the opportunity, what must a person do in respect of privilege material?

Answer 5

That person must provide you with a list of the things (such as documents) which they claim are privileged.

Question 6

Relating to privilege material, what must you do with seized documents?

Answer 6

Must complete an inventory listing all documents seized, show the person and invite them to check the accuracy of the inventory, and leave them a copy.

Question 7

What must you do when searching and have RGTB that anything discovered during the search may be privileged?

Answer 7

Must provide them with the opportunity to claim privilege.

Question 8

If you are expecting to receive a claim of privilege, what should you do?

Answer 8

Secure the thing subject to privilege, but do not continue to search it.
Not to undertake any other investigation in reliance on it unless no claim of privilege is made, or claim withdrawn, or search is in accordance with the directions of the court, determining the claim of privilege.