The Australian Law Reform Commission ( ALRC ) has adopted the terminology'client legal privilege', as opposed to'legal professional privilege', on the basis that the privilege is held by the client and not the lawyer .'Client legal privilege'is the terminology used in Commonwealth and state evidence statutes.
32.
The "'Secretary of State "'can require information or a "'product "'sample from a "'producer "'and it is a crime not to comply unless the information is protected by legal professional privilege or the right to silence ( reg . 43 ).
33.
Note that this development is not on all fours with legal professional privilege : Under section 189, the court has held that a receiver of communication is not bound to testify where it would clash with professional ethics; the court did " not " say, however, that this protection covered the maker of the communication.
34.
In observance of the principle of a right to silence, answers given to questions that the inspector required a person to answer cannot be used as evidence against him, nor his spouse or civil partner ( section 20 ( 7 ) ), neither can the inspector require production of a document protected by legal professional privilege ( section 20 ( 8 ) ).
35.
The common law maintains a distinction between two limbs of legal professional privilege . " Advice privilege " refers to the protection of communications between a client and a lawyer for the purposes of the lawyer providing legal advice to the client . " Litigation privilege " refers to the protection of communications between a client, lawyer ( and any third party ) for the dominant purpose of anticipated or existing legal proceedings.
