New inquiry into legal privilege and integrated legal assistance services

The Victorian Law Reform Commission has begun an inquiry into legal privilege and integrated legal assistance services.

The community law reform project was initiated in response to concerns about how legal privilege operates in settings providing holistic legal and social support services.

Legal privilege protects confidential communications between a client and their lawyer when they are made to obtain legal advice or prepare for court proceedings.

In integrated legal assistance services, social support services are provided together with free legal support, such as when nurses work with lawyers to support suspected family violence victims in hospitals. These services enhance access to justice by addressing clients’ often complex and interrelated needs.

While there are clear benefits to this approach, there is concern that the complexity around legal privilege—and whether communications with non-lawyers in these situations were confidential and made for a dominant legal purpose—may force people already facing disadvantage to choose between retaining legal privilege or the support services they need.

Other professionals providing integrated legal assistance services may also face challenges balancing their disclosure obligations with the immediate needs of their clients.

The Commission will release a consultation paper in May 2026, with a consultation process to follow.

For updates go to the project page.