Terrorism (High Risk Offenders) Act 2017

The Supreme Court must appoint a qualified person to be an independent third party representative for an eligible offender for the purposes of a terrorism intelligence application or the substantive proceedings (or both) if—

the eligible offender does not have any legal representatives in the substantive proceedings, or

the applicant in the terrorism intelligence application requests that the Court take the steps referred to in section 59C (2) (b), (c) or (d) to maintain the confidentiality of information.

A person is a qualified person for the purposes of subsection (1) if the person is a person of a kind prescribed by the regulations as being qualified to provide independent and impartial representation for eligible offenders for the purposes of this Division.

The regulations under subsection (2) may provide that a person is a qualified person only if the person meets the prescribed requirements to the satisfaction of the Supreme Court.

An independent third party representative for an eligible offender—

is to be allowed access to information or terrorism intelligence in respect of which the representative has been appointed by either being provided with a copy of the information or intelligence or being allowed to view it, and

may make such submissions to the Court on behalf of the eligible offender as the representative considers to be in the best interests of the offender concerning—

whether or not information is terrorism intelligence, or

the level of access to terrorism intelligence that should be given to the offender under this Division.

The applicant in the terrorism intelligence application concerning the information or terrorism intelligence in respect of which an independent third party representative has been appointed is responsible for the payment of the costs of the services provided by the representative.

The regulations may make provisions about the duties of independent third parties.