The privilege against self-incrimination, the penalty privilege and legal professional privilege under the laws governing ASIC, APRA, the ACCC and the ATO - suggested reforms

Middleton, Thomas (2008) The privilege against self-incrimination, the penalty privilege and legal professional privilege under the laws governing ASIC, APRA, the ACCC and the ATO - suggested reforms. Australian Bar Review, 30. pp. 282-317.

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Abstract

[Extract] In light of the ALRC's Report 107, 'Privilege in Perspective: Client Legal Privilege in Federal Investigations', it is timely to conduct a review of the operation of all the major privileges (including the privilege against self-incrimination, the penalty privilege and legal professional privilege) in the context of ASIC's, APRA's, the ACCC's and the ATO's investigative and enforcement powers.

The ALRC indicated in its report that parliament should not adopt a 'one size fits all' approach to the operation of legal professional privilege in the context of federal investigatory bodies. However, the ALRC dealt with a wide range of investigatory bodies in its report and many of those bodies do not necessarily share any commonalities. By contrast, it is argued in this article that given that ASIC, APRA, the ACCC and the ATO share common regulatory problems, have overlapping investigative and enforcement responsibilities and share a relationship of interdependence, they should have more uniform powers regarding the operation of these privileges.

Item ID: 5875
Item Type: Article (Refereed Research - C1)
Keywords: law reform; commercial law
ISSN: 0814-8589
Date Deposited: 14 Feb 2010 22:24
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180105 Commercial and Contract Law @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 100%
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