Discussion Paper: Legal Privilege in Commonwealth Probes

Australian Treasury

The Albanese Government is today releasing a discussion paper on the use of legal professional privilege claims in Commonwealth investigations as part of the Government's comprehensive response to the PwC tax leaks scandal.

Legal professional privilege is a fundamental tenet of our legal system but abuse of it can undermine investigations and erode trust.

The discussion paper tests key issues identified through initial consultation in the Government's review of the use of legal professional privilege in Commonwealth investigations.

Around 100 stakeholders from across government, the legal profession, academia and industry contributed to the initial stage of consultation, jointly led by the Attorney‑General's Department and the Treasury.

Last year the Albanese Government announced a significant package of reforms in response to the PwC scandal.

We are cracking down on misconduct and rebuilding confidence in the systems that keep our tax system and capital markets strong.

The legal professional privilege discussion paper has been published to the website of the Attorney‑General's Department.

Submissions can be made at the Department's consultation hub.

Feedback will inform the development of a final options paper in 2025.

Submissions close 28 February 2025.

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