Victorian Current Acts Victorian Current Acts(1) If the Secretary informs VCAT under section 69BA(2) that the decision was based on protected information—
(a) the Chief Commissioner of Police must be joined as a party to the proceeding; and
(b) at the hearing of the application for review, VCAT must first determine whether or not the information is protected information.
(2) For the purposes of subsection (1)(b), VCAT must hold the hearing in private.
(3) The following parties are entitled to be present at the hearing under subsection (2)—
(a) if protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under section 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b), the Secretary, the Chief Commissioner of Police and the special counsel;
(b) if no protected information was included in the reasons given to the Secretary from the Chief Commissioner of Police under sections 63(3)(c)(ii), 67(2A)(c)(ii) or 69A(4)(b), the Chief Commissioner of Police and the special counsel only.
(4) Each party that is entitled to be present at the hearing has a right to make submissions as to whether evidence supporting the grounds for the refusal to issue or renew the authority, or the cancellation or the suspension of the authority, amounts to protected information.
(5) After hearing the parties under subsection (4), VCAT must decide whether or not any of the evidence adduced amounts to protected information.
(6) If VCAT decides that none of the evidence adduced under subsection (4) amounts to protected information, VCAT must permit any party to attend the hearing that was excluded under subsection (3).
S. 69BD inserted by No. 22/2022 s. 66.