A court has power under s 19(1A) of the NSI Act and/or its inherent jurisdiction to appoint special counsel to represent a defendant's interests in relation to court-only evidence in national security criminal proceedings. The special advocate regime for control orders (ss 38PA-38PH) does not impliedly exclude this power. Chapter III of the Constitution does not add to the requirements of procedural fairness applicable under the general law when assessing the appropriateness of court-only evidence orders. Whether such orders are 'appropriate' requires a practical assessment balancing national security interests against the defendant's right to procedural fairness, with the criminal nature of the proceedings being a relevant consideration.
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