Victorian Consolidated Regulations

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Special commissioners—section 320

    (1)     Any appointment by the Court of Appeal of a special commissioner under section 320 of the Act shall be made by order.

    (2)     An order referred to in paragraph (1) shall specify—

        (a)     the person who is to be the special commissioner; and

        (b)     the question referred to the special commissioner.

    (3)     An order referred to in paragraph (1) may—

        (a)     specify whether the appellant or the respondent or their legal representatives is or are to be entitled to attend during all or part of the examination or investigation;

        (b)     specify which powers (if any) of the Court of Appeal may be exercised by the special commissioner;

        (c)     require the special commissioner to make interim reports upon the matter referred by the Court of Appeal;

        (d)     give the appellant, if imprisoned, leave to attend during the whole or any part of the examination or investigation and give the necessary directions to the governor of the prison; and

        (e)     direct the Registrar to give copies of the special commissioner's report to the appellant and the respondent or to their legal representatives.

    (4)     Where an order referred to in paragraph (1) does not give directions as to any of the matters referred to in paragraph (3), the Court of Appeal may from time to time give directions in relation to any such matters as it thinks fit.


See section 320(3) of the Act as to remuneration of special commissioners and section 326 of the Act as to expenses.

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