Evidence Act 1893 · 2020 Revised Edition · Part 3 · Production and Effect of Evidence
128A. Communications with legal counsel in entity
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A legal counsel in an entity is not at any time permitted, except with the entity’s express consent, to disclose any communication made to him or her in the course and for the purpose of his or her employment as such legal counsel, or to state the contents or condition of any document with which he or she has become acquainted in the course and for the purpose of his or her employment as such legal counsel, or to disclose any legal advice given by him or her to the entity, or to any officer or employee of the entity, in the course and for the purpose of such employment.
document
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means whatsoever;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
Nothing in subsection (1) protects from disclosure —
any such communication made in furtherance of any illegal purpose;
any fact observed by any legal counsel in an entity in the course of his or her employment as such legal counsel showing that any crime or fraud has been committed since the commencement of his or her employment as such legal counsel;
any such communication made to the legal counsel which was not made for the purpose of seeking his or her legal advice; or
any document which the legal counsel was made acquainted with otherwise than in the course of and for the purpose of seeking his or her legal advice.
For the purposes of subsection (2)(b), it is immaterial whether the attention of the legal counsel was or was not directed to that fact by or on behalf of the entity.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(b)any mental condition of which any person is conscious;Illustrations(a) That there are certain objects arranged in a certain order in a certain place is a fact.(b) That a man heard or saw something is a fact.(c) That a man said certain words is a fact.(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation is a fact.
Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act 1967, subsection (1) applies in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations.
Where a legal counsel is employed by a public agency and is required as part of his or her duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (1) applies in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second‑mentioned public agency or agencies.
For the purposes of subsection (5), “public agency” includes —
the Government, including any ministry, department, agency, or Organ of State or instrumentality of the Government;
any board, commission, committee or similar body, whether corporate or unincorporate, established under a public Act for a public function (called in this subsection a statutory body);
any other board, commission, committee or similar body appointed by the Government, or by a statutory body, for a public purpose.