33Role of special counsel

33 Role of special counsel

S. 32(1) amended by No. 47/2021 s. 15(1).

(1) If a special counsel is appointed under section 32(1) or (2A)—

(a) before the hearing of the protection application the applicant must serve on the special counsel—

S. 33(1)(a)(i) substituted by No. 47/2021 s. 15(2).

(i) a summary of the grounds on which the protection application is made; and

S. 33(1)(a)(ia) inserted by No. 47/2021 s. 15(2).

(ia) if the protection application is made in respect of a substantive application, the grounds on which that application is made; and

S. 33(1)(a)(ib) inserted by No. 47/2021 s. 15(2).

(ib) the evidence on which the applicant seeks to rely to the extent possible without revealing any relevant information; and

S. 33(1)(a)(ii) amended by No. 47/2021 s. 15(3).

(ii) after the special counsel has had an opportunity to communicate with the subject of the substantive application or hearing, or a representative of the subject, under paragraph (b)—a copy of the protection application, any affidavit required to be given to the Supreme Court in support of the protection application and the relevant information; and

S. 33(1)(b) amended by No. 47/2021 s. 15(4).

(b) at any time before the special counsel obtains any relevant information, the special counsel may communicate with the subject of the substantive application or hearing, or a representative of the subject, for the purposes of obtaining information from the subject or representative in relation to the protection application or the substantive application or hearing; and

S. 33(1)(c) amended by No. 47/2021 s. 15(5).

(c) at any time after the special counsel obtains any relevant information, the special counsel must not communicate with the subject of the substantive application or hearing or a representative of the subject.

S. 33(2) amended by No. 47/2021 s. 15(6).

(2) If a special counsel is appointed under section 32(3) or (4)—

S. 33(2)(a) amended by No. 47/2021 s. 15(7).

(a) before the hearing of the relevant part of the proceeding on the substantive application or hearing the applicant must serve on the special counsel—

S. 33(2)(a)(i) substituted by No. 47/2021 s. 15(8).

(i) a summary of the grounds on which the protection application was made; and

S. 33(2)(a)(ia) inserted by No. 47/2021 s. 15(8).

(ia) if the protection application was made in respect of a substantive application or hearing, the grounds on which that application was made; and

S. 33(2)(a)(ib) inserted by No. 47/2021 s. 15(8).