Typically after a incident occurs, the PCBU will focus on support to their employees and others in the workplace, and the investigate the incident to prevent it from happening again.
However what is Legal Privilege?
Client legal privilege maintains the confidential and the privileged nature of communications between a client and the client’s legal adviser for the principal purposes of giving or receiving legal advice or for use in existing or anticipated litigation. Privilege can also extend to related communications for the same purpose.
The privilege applies to communications as well as documents. It will protect access to oral communications, written records of communications and records of communications in some mechanical or other form.
Only confidential communications between a lawyer and client, brought into existence for the dominant purpose of obtaining legal advice, or for use in actual or contemplated legal proceedings, are privileged. Documents such as contracts, employee records, maintenance records and work systems will not be privileged, even if they have been given to the company lawyer for the purpose of providing legal advice or for litigation. Communications with the company lawyer seeking advice about the legal position of the company may have been made immediately after the accident or occurrence. These communications will be privileged, but are unlikely to be relevant to the conduct of the investigation. Documents produced by the company following its own investigation will only be privileged if they are confidential communications between the company and its lawyer for the purpose of obtaining legal advice, or for litigation. For example, an investigation carried out by a safety and health representative would not be privileged. All other corporate documents should be available to be produced upon request.
When is Legal Privilege sought?
Legal Counsel is sought at the start of only investigation for serious or sensitive incident.
Our investigators have a proven track record working along with the legal team, rigorously complying with the associated confidentiality requirements.
We can help you with any investigated requirements.
Call us NOW! +61 2 49361190 for more information.