Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38pe
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38PE
Character Range: 109744–111867

38PE  Disclosure of information to special advocate by Attorney‑General
 (1) At the same time as the court appoints a special advocate of a party to a civil proceeding, the court must make an order setting a day on which the Attorney‑General must:
 (a) disclose to the special advocate the information that is subject to whichever of the following is in effect at that time:
 (i) a certificate given to the party or the party's legal representative under section 38F or 38H in relation to the proceeding;
 (ii) an order made under subsection 38J(2), (3) or (4) in relation to the proceeding; and
 (b) if subparagraph (a)(i) applies—give to the special advocate a statement of the Attorney‑General's reasons for withholding the information from the party.
 (2) The Attorney‑General must comply with the order.
 (3) After the Attorney‑General discloses the information to the special advocate under subsection (2), the special advocate must not disclose the information (whether in the proceeding or otherwise) other than:
 (a) in permitted circumstances specified in the certificate given under section 38F or 38H or in accordance with the order (if any) made under subsection 38J(2), (3) or (4); or
 (b) to:
 (i) the applicant in the proceedings for the control order, or the applicant's legal representative, except if the applicant is or would be the subject of the control order; or
 (ia) the applicant in the Division 105A ESO proceedings, or the applicant's legal representative, except if the applicant is or would be the subject of the extended supervision order; or
 (ii) the Attorney‑General, the Attorney‑General's legal representative or any other representative of the Attorney‑General; or
 (c) to the court at a part of a hearing in the proceeding during which the party and the party's legal representative are not entitled to be present.
Note: The special advocate commits an offence if he or she contravenes this subsection: see subsection 46H(1).
 (4) Paragraphs 38J(2)(a) and (3)(a) and subsections 38L(2) and (4) (about the persons covered by special court orders) do not apply to the special advocate.