38PAAppointment of special advocate

#### 38PA Appointment of special advocate (1) The court may appoint a person as a special advocate of a party to a civil proceeding if: (a) the proceeding is: (i) a proceeding under Division 104 of the Criminal Code relating to a request to the court to make, confirm or vary a control order in relation to the party; or (ii) a Division 105A ESO proceeding to make, vary or review an extended supervision order in relation to the party; or (iii) a Division 105A ESO proceeding relating to an application for a continuing detention order in relation to the party; and (b) the court makes an order under subsection 38I(3A) or subsection 38J(2), (3) or (4) that the party and the party’s legal representative are not entitled to be present during part of a hearing in the proceeding. > Note 1: For the function of the special advocate, see section 38PB. > Note 2: For the definition of Division 105A ESO proceeding, see section 7. (2) The court may appoint a person under subsection (1) only if: (a) the person meets any requirements specified in the regulations; and (b) the court has given: (i) the parties to the proceeding and the parties’ legal representatives; and (iii) the Attorney‑General and the Attorney‑General’s legal representative; the opportunity to make submissions to the court about who the court should appoint. (3) If the party for whom the court is appointing a special advocate, or the party’s legal representative, requests the court under paragraph (2)(b) to appoint a particular person who meets the requirements mentioned in paragraph (2)(a), the court may appoint a different person only if the court is satisfied that: (a) appointing the person requested would result in the proceeding being unreasonably delayed; or (b) appointing the person requested would result in the person having an actual or potential conflict of interest; or (c) both: (i) the person requested has knowledge of national security information and disclosure of the information would be likely to prejudice national security; and (ii) in the circumstances, there is a risk of inadvertent disclosure of that information.