Legal professional privilege and suspicious matter reports
Legal professional privilege does not cancel the duty to consider a suspicious matter report. Whether a particular communication is privileged is the firm's legal conclusion, and this page does not say what to leave out of a report.
Quick answer
Privilege is not a blanket exemption from the suspicious matter regime. It may limit some information, and that limit is a legal judgment on the communication, made by the firm on its own advice. This page does not list facts to withhold and it does not script what to say to the client. What you must not tell the client is a separate page.
People search βlegal professional privilege AMLβ when a solicitor hopes the words legal professional privilege mean the firm can skip a suspicious matter report. Checked against AUSTRAC's suspicious matter reports page on 4 October 2026. This is general information, not legal advice. This page does not reproduce that guidance. How a Tranche 2 firm approaches the report is suspicious matter reports for Tranche 2. What you do not tell the client is AML tipping-off: what not to tell the client. The sector map is /tranche-2.
Privilege is not an off switch
A law firm can hold privileged communications and still have to consider a suspicious matter. Privilege attaches to particular communications. It is not a label the firm stamps on the whole client, and it is not a reason to avoid asking whether a report arises. Deciding what is privileged is legal work for the firm, on advice, about that material.
This page stops at the principle. It does not set out what to include, what to withhold, or how to describe a suspicion. It does not give words to use with the client. Telling the client that you are considering a report, or that you have lodged one, is the tipping-off problem, and it has its own page.
- Consider the report anyway. Privilege does not erase the step of deciding whether a suspicious matter arises.
- Privilege is specific. It is a conclusion about communications, not a status that covers every fact the firm happens to know.
- The firm makes the call. This page cannot tell you that a given email or conference is privileged. That is your legal judgment.
- Do not brief the client on the report. What you must not disclose is covered on the tipping-off page. This page does not script a safer way to hint.
Three ideas firms collapse
A sorting aid only. This table does not reproduce AUSTRAC's suspicious matter guidance, and it is not a list of what to omit.
| Idea | The principle | What this page refuses to do |
|---|---|---|
| Privilege means no report | No. You still consider whether a report arises | Tell you to skip the report |
| The whole file is privileged | Privilege is about particular communications | Mark a category of facts as always out |
| We should warn the client | Disclosing a report or a suspicion is a tipping-off problem | Draft what to say |
| The software decides | The firm decides, with its own advice | Lodge the report for you |
Where the privilege page stops
This page is the boundary between privilege and the duty to consider a report. It is not the filing guide and it is not the tipping-off page. Read suspicious matter reports for Tranche 2 and AML tipping-off: what not to tell the client.
What the client pays
On FreeAML the firm suite is A$0. The firm emails the client a link. Verification is client-pays. On the public list a personal KYC check is A$20 and a company or trust KYB check is A$40. Use KYB when the customer is a company or a trust. Privilege and reporting are not a customer check, and a verification the program still requires on that file remains client-pays. Confirm the live amounts on FreeAML pricing. FreeAML does not decide whether privilege applies or prepare a suspicious matter report.
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Frequently Asked Questions
The report is the firm's. The check is the client's.
The firm suite is A$0. The firm emails the client a link when the program requires a check. The client pays. FreeAML does not lodge reports.
Open the Tranche 2 guideQuestions: team@freeaml.com.au