Tobacco Act 1987

If the Regulator informs VCAT under section 34ZN(2) that the decision was based on protected information, VCAT must appoint a special counsel to represent the interests of the applicant.

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

For the purposes of subsection (2), a special counsel may only represent the interests of the applicant to the extent that those interests relate to the protected information on which the decision is based.

At any time before the special counsel attends the hearing or obtains any confidential affidavit in relation to the application for review, for the purpose of obtaining information or instructions from the applicant in relation to the proceeding, the special counsel may communicate with—

the applicant; or

any representative of the applicant.

Subject to section 34ZQ(5), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application for review, the special counsel must not—

take instructions from the applicant or from any representative of the applicant; and

communicate any other information in relation to the hearing to the applicant or a representative of the applicant without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.

A special counsel may be required to sign a confidentiality undertaking to VCAT.