Legal privilege and integrated legal assistance services

Project Status:

Terms of reference received

Start Date:

04/03/2026

Tabled in Parliament Date:

N/A

Project

The Victorian Law Reform Commission has begun an inquiry into legal privilege and its operation in integrated legal assistance services that provide holistic legal and social support.

Legal privilege allows people to keep their confidential conversations with their lawyer private. It is a fundamental right grounded in traditional models of legal service delivery, where lawyers work almost exclusively with their clients to address their legal needs.  

Integrated legal assistance services bring together legal and social services for people experiencing disadvantage, delivered by legal aid, community and pro bono lawyers working alongside other professionals such as nurses or social workers.  

While these services enhance access to justice by addressing clients’ complex and interrelated needs, they may also compromise a client’s ability to rely on legal privilege. 

While considering whether reforms are needed to current law and practice, the Commission will have regard to: 

  • legal privilege under common and statutory law 
  • the benefits of integrated legal assistance services to clients and the justice system 
  • the impact of integrated legal assistance services on legal privilege, and vice versa 
  • strategies used by integrated legal assistance service providers to balance the needs of clients 
  • legal developments in other common law jurisdictions 
  • the broad legal and ethical implications of reform in this area and 
  • any other matter relevant to the topic of inquiry.

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

See the full Terms of Reference below. 

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

To receive updates, subscribe to this project.  

 

Voiced by Amazon Polly

Project Stage

  • Terms of reference received
  • Submissions and consultations
  • Submissions closed
  • Final Report
  • Tabled in parliament

Publications

Publication Date

20/04/2026