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Legislative Assembly for the ACT: 2002 Week 13 Hansard (19 November) . . Page.. 3768 ..

MR STANHOPE (continuing):

Clauses 339 to 394, by leave, taken together and agreed to.

Clause 395.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.21): I move amendment No 10 [see schedule 1 at page 3777]. This provision inserts a detailed standard provision concerning entry with consent.

Amendment agreed to.

Clause 395, as amended, agreed to.

Clauses 396 to 401, by leave, taken together and agreed to.

Clause 402.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.22): I move amendment No 11 circulated in my name [see schedule 1 at page 3777].

At the suggestion of the scrutiny of bills committee, the phrase "Legal professional privilege" is replaced with "Client legal privilege". Members will be aware that the Legislation Act 2001 and the Commonwealth Evidence Act 1995 make other provisions concerning client legal privilege applicable in these circumstances. The Legislation Act 2001 preserves the operation of ordinary law concerning confidential communication between a lawyer and a client.

The Evidence Act 1995 makes detailed provision concerning the admission of such a communication into evidence. In particular, evidence is not to be adduced if, on objection by a client, the court finds that adducing of the evidence would result in disclosure of a confidential communication or document. In addition to the protections in the act concerning self-incrimination, these other provisions will also continue to apply in the provisions under consideration.

MR STEFANIAK (5.23): The opposition will be supporting the amendment.

Amendment agreed to.

Clause 402, as amended, agreed to.

Clauses 403 to 407, by leave, taken together and agreed to.

Clause 408.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Health, Minister for Community Affairs and Minister for Women) (5.24): I move amendment No 12 [see schedule 1 at page 3777]. As with government amendment 11, the phrase "Legal professional privilege" is replaced with "Client legal privilege".

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