DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69UC Appointment of special counsel

DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 69UC

S. 69UC(1) substituted by No. 22/2022 s. 83(1).

    (1)     VCAT must appoint a special counsel to represent the interests of the applicant if the Secretary informs VCAT under section 69UB(2) that the decision was based on protected information.

S. 69UC(2) amended by No. 22/2022 s. 83(2).

    (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 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 he or she is representing; or

        (b)     any representative of that party.

    (4)     Subject to section 69UE(3), at any time after the special counsel commences to attend the hearing or obtains any confidential affidavit in relation to the application, the special counsel—

        (a)     must not take instructions from the party whose interests he or she is representing, or from any representative of that party; and

        (b)     must not 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. 69UD inserted by No. 13/2014 s. 4.