Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Again, the government tabled its response to the report by the PJCIS on 27 July. The government acknowledges the importance of legal professional privilege as it serves the public interest in the administration of justice. The proper administration of justice requires that clients are able to communicate freely and frankly with their lawyer without fear of disclosing any information relevant to the legal advice they are seeking. The IGIS Act currently provides for the limited abrogation of legal professional privilege that is held by the Commonwealth. The IGIS Act does not operate to abrogate the privilege held by private individuals or entities who make seek legal advice about their rights or liabilities in the dealings with the Commonwealth agency. The act currently provides that an official is not excused from giving information, providing a document or answering a question when required because doing so would disclose legal advice to a minister or Commonwealth agency. In reaching its own view on the legality of agencies' activities the IGIS can be assisted by understanding how the agency self-considered the activity was lawful; however, existing section 18(6)(b) of the IGIS Act applies only to the disclosure of legal advice itself and not the communications that are made for the dominant purpose of giving legal advice.

The amendments will ensure that the IGIS Act applies to both advice and the litigation limbs of legal professional privilege. These amendments are consistent with the equivalent provisions in the legislation governing other integrity agencies including the Ombudsman Act. These amendments were also included in the Intelligence Oversight and Other Legislation Amendment (Integrity Measures) Bill 2020 introduced by the former Attorney-General, Christian Porter.