George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Statutory officers are not appointed by parliament. Tell me one statutory officer who was appointed by parliament? That is elemental to the separation of the functions of the three branches of government that these are appointees of the executive government. To cut to the chase, those who represent the interests of the legal profession—and I am a member of the Law Council of Australia myself—would like there to be a protection which is broader in scope than the current principles of legal professional privilege provide for.

I can understand why lawyers might like that but you are, in fact, embracing a view that the scope of legal professional privilege is, as it has been understood and explained by the courts for years—indeed, literally centuries—should, by this bill, be significantly extended. I do not accept that.