71Appointment and role of special counsel

71 Appointment and role of special counsel

S. 71(1) amended by No. 37/2024 s. 45(1).

(1) If a protection application is made, the Court may appoint a special counsel to represent the interests of the relevant party to the substantive application in relation to which the protection application was made at the hearing of the protection application.

S. 71(2) amended by No. 37/2024 ss 45(1), 102(2).

(2) A special counsel must be a barrister within the meaning of the Legal Profession Uniform Law (Victoria) who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the relevant party at the hearing of the protection application.

S. 71(3) amended by No. 37/2024 s. 45(2).

(3) At any time before the special counsel attends the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel may communicate with the relevant party, or any representative of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the protection application.

(4) At any time after the special counsel commences to attend the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel—

S. 71(4)(a) amended by No. 37/2024 s. 45(3)(a).

(a) may communicate to the relevant party or a representative of the relevant party any order made by the Court at or in relation to the hearing; and

S. 71(4)(b) amended by No. 37/2024 s. 45(3)(b).

(b) must not communicate any other information in relation to the hearing to the relevant party or a representative of the relevant party, but may seek information from the relevant party or representative that is necessary for the special counsel to represent the interests of the relevant party.

(5) The special counsel—

S. 71(5)(a) amended by No. 37/2024 s. 104(2)(a).

(a) must not perform their role in a manner that compromises the confidentiality of all or any part of the information, document or other thing that is the subject of the protection application; and

S. 71(5)(b) amended by No. 37/2024 ss 45(4), 104(2)(b).

(b) does not incur any liability to the relevant party in respect of anything done or omitted to be done by the special counsel in performing their role as special counsel.

S. 72 (Heading) amended by No. 37/2024 s. 46(1).