Tobacco Act 1987

If the Regulator informs VCAT under section 34ZN(2) that the reviewable decision was based on protected information—

the Chief Commissioner of Police of Police must be joined as a party to the proceeding; and

at the hearing of the application for review of the reviewable decision, VCAT must first determine whether or not the reviewable decision was based on protected information.

For the purposes of subsection (1)(b), VCAT must hold the hearing in private.

The following persons are entitled to be present at the hearing under subsection (2)—

if the Chief Commissioner of Police disclosed the protected information to the Regulator under section 34ZA(2)(a), the Regulator, the Chief Commissioner of Police and the special counsel;

if the Chief Commissioner of Police did not disclose the protected information to the Regulator under section 34ZA(2)(b), the Chief Commissioner of Police and the special counsel only.

Each person that is entitled to be present at the hearing under subsection (3) has a right to make submissions as to whether evidence supporting the grounds for the decision amounts to protected information.

After hearing the submissions under subsection (4), VCAT must decide whether or not any of the evidence adduced amounts to protected information.

If VCAT decides that none of the evidence adduced under subsection (4) amounts to protected information VCAT must permit the following persons to attend the hearing of the application—

the Regulator (if the Regulator was excluded from attending under subsection (3)(b);

the applicant.