32Appointment of special counsel

32 Appointment of special counsel S. 32(1) substituted by No. 47/2021 s. 14(1). (1) The Supreme Court may appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at— (a) the hearing of the protection application; and (b) the relevant part of— (i) if the protection application relates to a substantive application, that substantive application; or (ii) if the protection application relates to an SEO review hearing, that hearing. (2) A person is suitably qualified for appointment as special counsel if— (a) the person is a barrister within the meaning of the Legal Profession Uniform Law (Victoria); and S. 32(2)(b) amended by No. 47/2021 s. 14(2). (b) in the opinion of the Supreme Court, the person has the appropriate skills and ability to represent the interests of the subject of the substantive application or hearing; and (c) the person has the security clearance determined by the Supreme Court to be appropriate in the circumstances. S. 32(2A) inserted by No. 47/2021 s. 14(3). (2A) If the Supreme Court does not, under subsection (1), appoint a suitably qualified person as special counsel to represent the interests of the subject of a substantive application or hearing at the relevant part of— (a) an application for a support and engagement order; or (b) an application for the variation, extension or revocation of a support and engagement order; or (c) an SEO review hearing— the relevant court may make such an appointment. S. 32(3) substituted by No. 47/2021 s. 14(4). (3) The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of the substantive application at the relevant part of the hearing of the substantive application if— (a) the person appointed under subsection (1) is unable to act in relation to that hearing; or (b) if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so. S. 32(4) inserted by No. 47/2021 s. 14(4). (4) The relevant court may appoint another suitably qualified person as special counsel to represent the interests of the subject of an SEO review hearing at the relevant part of the SEO review hearing if— (a) the person appointed under subsection (1) is unable to act in relation to that hearing; or (b) if the relevant court is the Supreme Court—the Supreme Court considers it appropriate to do so. S. 32(5) inserted by No. 47/2021 s. 14(4). (5) For the purposes of subsections (3) and (4), if a court other than the Supreme Court is to appoint another suitably qualified person as special counsel, subsection (2) applies as if a reference in that subsection to the Supreme Court were a reference to that other court. New s. 33 inserted by No. 32/2018 s. 71.