Major Crime (Investigative Powers) Act 2004

If the Supreme Court decides to hear and determine an application for the revocation of a coercive powers order at a hearing referred to in section 12A(1)(c), the Court may appoint a special counsel to represent the interests of a party to the proceeding at the hearing.

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

At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application, the special counsel may communicate with the party whose interests he or she is representing, or any representative of that party, for the purpose of obtaining information from the party or representative in relation to the proceeding.

At any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

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

must not communicate any other information in relation to the hearing to that party or a representative of that party without leave of the Supreme Court.