Document ID: chunk:federal_register_of_legislation:C2016A00082:clause:15_38j:p1
Version: federal_register_of_legislation:C2016A00082
Segment Type: clause
Provision Reference: sch 15 cl 38J (pt 1/3)
Character Range: 173880–176597

38J  Special court orders in control order proceedings

When this section applies
 (1) This section applies if:
 (a) the court has held a hearing required by subsection 38G(1) or 38H(6) about the disclosure of information in a proceeding under Division 104 of the Criminal Code relating to a request (the control order request) to the court to make, confirm or vary a control order in relation to a person (the relevant person); and
 (b) the Attorney‑General or the Attorney‑General's legal representative has requested the court to make an order under subsection (2), (3) or (4) of this section about the disclosure and consideration of the information in the proceeding; and
 (c) the court is satisfied that the relevant person has been given sufficient information about the allegations on which the control order request was based to enable effective instructions to be given in relation to those allegations.

Non‑disclosure certificate hearings
 (2) If the hearing was required by subsection 38G(1) and the information is in the form of a document, the court may order under this subsection that:
 (a) the following persons must not, except in permitted circumstances or in accordance with this subsection, disclose the information (whether in the proceeding or otherwise):
 (i) any person to whom the certificate mentioned in subsection 38F(2) or (3) was given in accordance with that subsection;
 (ii) any person to whom the contents of the certificate have been disclosed for the purposes of the hearing;
 (iii) any other specified person; and
 (b) those persons may disclose in the proceeding:
 (i) a copy of the document with the information deleted; or
 (ii) a copy of the document with the information deleted and a summary of the information, as set out in the order, attached to the document; or
 (iii) a copy of the document with the information deleted and a statement of facts, as set out in the order, that the information would, or would be likely to, prove attached to the document;
  (which disclosure may or may not be the same as was permitted in the certificate); and
 (c) the information may be disclosed to the court in the proceeding; and
 (d) the closed hearing requirements in section 38I are to apply when the information is disclosed to the court at a hearing in the proceeding; and
 (e) the relevant person and the relevant person's legal representative are not entitled to be present during any part of a hearing in the proceeding in which the information is disclosed to the court; and
 (f) if the information is disclosed to the court in the proceeding and, apart from the order, the information is admissible in evidence in the proceeding—the court may consider the information in