150BAppointment of special counsel if review involves protected information

150B Appointment of special counsel if review involves protected information

(1) If, in response to a request under section 150A, the Chief Commissioner informs VCAT in writing that the decision was based on protected information, VCAT must appoint a special counsel to represent the interests of the applicant.

S. 150B(1A) inserted by No. 12/2024 s. 59.

(1A) For the purposes of subsection (1), a special counsel may only represent the interests of the applicant to the extent that those interests relate to the protected information on which the Chief Commissioner's decision is based.

(2) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of VCAT, has the appropriate skills and ability to represent the interests of the party at the hearing.

(3) At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information or instructions from the party or representative in relation to the proceeding.

(4) Subject to section 150D(3)(b), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

(a) must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

(b) must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.

(5) A special counsel may be required to sign a confidentiality undertaking to VCAT.

S. 150C inserted by No. 61/2010 s. 23.