Document ID: chunk:federal_register_of_legislation:C2021C00472:section:117
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 117
Character Range: 121403–123874

117  Definitions
 (1) In this Division:
client includes the following:
 (a) a person or body who engages a lawyer to provide legal services or who employs a lawyer (including under a contract of service);
 (b) an employee or agent of a client;
 (c) an employer of a lawyer if the employer is:
 (i) the Commonwealth or a State or Territory; or
 (ii) a body established by a law of the Commonwealth or a State or Territory;
 (d) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a client—a manager, committee or person so acting;
 (e) if a client has died—a personal representative of the client;
 (f) a successor to the rights and obligations of a client, being rights and obligations in respect of which a confidential communication was made.
confidential communication means a communication made in such circumstances that, when it was made:
 (a) the person who made it; or
 (b) the person to whom it was made;
was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
confidential document means a document prepared in such circumstances that, when it was prepared:
 (a) the person who prepared it; or
 (b) the person for whom it was prepared;
was under an express or implied obligation not to disclose its contents, whether or not the obligation arises under law.
lawyer means:
 (a) an Australian lawyer; and
 (b) an Australian‑registered foreign lawyer; and
 (c) an overseas‑registered foreign lawyer or a natural person who, under the law of a foreign country, is permitted to engage in legal practice in that country; and
 (d) an employee or agent of a lawyer referred to in paragraph (a), (b) or (c).
party includes the following:
 (a) an employee or agent of a party;
 (b) if, under a law of a State or Territory relating to persons of unsound mind, a manager, committee or person (however described) is for the time being acting in respect of the person, estate or property of a party—a manager, committee or person so acting;
 (c) if a party has died—a personal representative of the party;
 (d) a successor to the rights and obligations of a party, being rights and obligations in respect of which a confidential communication was made.
 (2) A reference in this Division to the commission of an act includes a reference to a failure to act.