Victorian Current Acts Victorian Current Acts(1) VCAT must appoint a special counsel to represent the interests of the applicant if the Secretary informs VCAT under section 69BA(2) that a decision was based on protected information.
(2) 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 party at the hearing.
(3) 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 party or representative in relation to the proceeding, the special counsel may communicate with—
(a) the party whose interests the special counsel is representing; or
(b) any representative of that party.
(4) Subject to section 69BD(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—
(a) take instructions from the party whose interests the special counsel is representing, or from any representative of that party; and
(b) communicate any other information in relation to the hearing to that party or a representative of that party without leave of VCAT, except to communicate any order made by VCAT at or in relation to the hearing.
(5) A special counsel may be required to sign a confidentiality undertaking to VCAT.
S. 69BC inserted by No. 22/2022 s. 66.