What is protected
Communications that are privileged under the general law stay privileged. A reporting entity is not required to disclose them to AUSTRAC in a report or in response to a notice, and the Act provides a process for asserting and resolving privilege claims.
What is not
The fact of the retainer, the client's identity, the transaction and the movement of money are generally not privileged. A suspicion formed from those facts must be reported. Privilege does not remove the obligations to enrol, to have a program or to conduct customer due diligence.
Practical handling
- When a suspicion arises, note which facts are privileged and which are not.
- Lodge the report on the non-privileged facts. Where privilege is claimed over part of the information, the deadline is 5 business days and AUSTRAC's privilege form goes with the report.
- Where AUSTRAC asks for more, follow the privilege claim process rather than disclosing.
- Record the reasoning on the file.
Questions people ask
- Is the client's identity privileged?
- Generally no. Identity and the fact of the retainer are not privileged communications.
Sources
Official AUSTRAC guidance this page was checked against. The date is when we captured the page; AUSTRAC may have updated it since.
- Legal professional privilege (Reform) · AUSTRAC, captured 16 Apr 2026
- Suspicious matter reports · AUSTRAC, captured 07 June 2026
This guide is general information for solicitors, conveyancers, settlement agents, not legal advice. Check AUSTRAC's current guidance for your situation.