79Appointment and role of special counsel

79 Appointment and role of special counsel

S. 79(1) amended by No. 37/2024 s. 49(1).

(1) The Court may appoint a special counsel to represent the interests of the relevant party to the substantive application at the hearing of the relevant part.

S. 79(2) amended by No. 37/2024 ss 49(1), 102(3).

(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 relevant part.

S. 79(3) amended by No. 37/2024 s. 49(1).

(3) If a special counsel was appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application, the Court may appoint the same person or a different person as special counsel under this section.

S. 79(4) amended by No. 37/2024 s. 49(2).

(4) At any time before the special counsel attends the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel may communicate with the relevant party, or any representatives of the relevant party, for the purposes of obtaining information from the relevant party or representative in relation to the relevant part.

S. 79(5) amended by No. 37/2024 s. 49(3).

(5) To avoid doubt, subsection (4) does not apply if the special counsel is the same person as the special counsel appointed under section 71 to represent the interests of the relevant party at the hearing of the protection application.

(6) If the special counsel is the same person as the special counsel appointed under section 71, the special counsel—

S. 79(6)(a) amended by No. 37/2024 s. 49(4)(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 of the relevant part; and

S. 79(6)(b) amended by No. 37/2024 s. 49(4)(b).

(b) must not communicate any other information in relation to the hearing of the relevant part 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.

(7) If the special counsel is not the same person as the special counsel appointed under section 71, at any time after the special counsel commences to attend the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel—