Automatic Enrolment Retirement Savings System Act 2024 section 125

Legal privilege

Section 125 protects legally privileged material from compulsory disclosure under the Act, while providing a mechanism through the High Court to resolve disputes over whether material qualifies as privileged.

• Nothing in the Act can compel disclosure of privileged legal material or authorise its seizure, subject to the safeguard procedure below.
• Where it is suspected that material may be privileged, disclosure or possession may still be compelled provided confidentiality is maintained pending a High Court determination on the privilege claim.
• The person who receives or takes possession of potentially privileged material must apply to the High Court within 30 days for a ruling on whether it is privileged, unless the person who disclosed it has already made such an application.
• The High Court may give interim directions, including ordering secure preservation of the material or appointing an independent legal expert to examine it and report to the court.