Use of legal professional privilege in Commonwealth investigations

On 6 August 2023, the government announced a review into the use of legal professional privilege in Commonwealth investigations. The Attorney‑General’s Department and Treasury are running the review. The Attorney‑General’s Department and Treasury are undertaking public consultation on a discussion paper to inform this review.

Why we are consulting

Since the government’s announcement, the Attorney‑General’s Department and Treasury have engaged with approximately 100 stakeholders on the review. The purpose of this discussion paper is to present and test the key issues identified by the Attorney‑General’s Department and Treasury through the initial consultation and research undertaken to inform the review, and to seek further feedback.

Feedback received in response to this discussion paper will inform further consultation and the development of possible reform options. A second and final paper setting out possible reform options will be released for public consultation in 2025.

Who we want to hear from

Consultation is open to all members of the public. We would particularly like to hear from regulatory and enforcement agencies, the legal profession, business and industry stakeholders, and legal experts and academics.

How to share your views

As this is a joint review, the Attorney‑General’s Department will share all submissions received with Treasury (including any submissions provided on a confidential basis and any submissions containing personal information). Your submission may be published unless you request that your submission be kept confidential or if the Attorney‑General’s Department considers (for any reason) that the submission should not be made public. Parts of published submissions may also be redacted, if appropriate.

Any submission provided on a confidential basis remains subject to the Freedom of Information Act 1982 (Cth). The Attorney‑General’s Department and Treasury are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). The APPs regulate how we collect, use, store and disclose personal information and how you may seek access to, or correction of, the personal information that we hold about you. Refer to the Attorney‑General’s Department and Treasury’s privacy policies for more information.

Individuals and organisations are invited to share their views via the ‘Make a submissions’ link via the Attorney‑General’s Department consultation hub: consultations.ag.gov.au.