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Privileged legal material
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183. (1) Subject to subsections (2) and (3), nothing in this Part shall compel the disclosure by a person or authorise the taking from a person, of a record which the person is entitled to refuse to produce on the grounds of legal professional privilege (in this section referred to as “privileged legal material”).
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(2) Privileged legal material may be taken from a person referred to in subsection (1) where the material is freely provided by the person.
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(3) Notwithstanding that it is apprehended that a record is privileged legal material, an authorised officer or an adjudication officer, as the case may be, may, in accordance with this Act, compel the disclosure of the record or take possession of the record provided that the privilege asserted can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of an application made under subsection (4) or (6) as to whether the record is privileged legal material.
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(4) Subject to subsection (5), a person who has compelled the disclosure of a record or taken possession of a record in accordance with subsection (2) shall, on notice to the person who is compelled to disclose, or surrender possession of, the record concerned, apply to the High Court not later than 30 days from the date of the disclosure or the taking of possession for a determination as to whether the record is privileged legal material.
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(5) A person shall not make an application under subsection (4) where, before the application is made, an application has been made under subsection (6).
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(6) A person who, in accordance with subsection (3), is compelled to disclose, or surrender possession of, a record may, on notice to the person who compelled the disclosure or has taken possession of the record concerned, apply to the High Court for a determination as to whether the record is privileged legal material.
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(7) Pending the making of a final determination of an application made under subsection (4) or (6), the High Court may give such directions or make such orders as it considers appropriate including, without prejudice to the generality of the foregoing, in relation to—
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(a) the preservation of the record in a safe and secure place in a manner specified by the High Court,
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(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of—
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(i) examining the record, and
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(ii) preparing a report for the High Court with a view to assisting or facilitating it in the making of a determination as to whether the record is privileged legal material.
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(8) An application under subsection (4) or (6), or any related proceedings under which directions or orders referred to in subsection (7) are sought, may, if the High Court so directs, be heard otherwise than in public.
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