Criminal Organisations Control Act 2012

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.

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.

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.

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.

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.

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

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

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.

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—

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

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.

The special counsel—

must not perform their role in a manner that compromises the confidentiality of all or any part of the protected criminal intelligence; and

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.

The Court may direct that the special counsel may be present as an observer at any hearing of the substantive application other than the hearing of the relevant part.