Document ID: chunk:federal_register_of_legislation:C2022C00001:section:38pf:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 38PF (pt 2/2)
Character Range: 114534–116316

decision.
 (5) The court may consult the Attorney‑General, the Attorney‑General's legal representative or any other representative of the Attorney‑General before making a decision under subsection (4).
 (6) If the court forwards a communication from the special advocate to the relevant person or the person's legal representative under paragraph (4)(a) or (b), the court must give a description of the communication to:
 (a) the applicant in the proceedings for the control order or the Division 105A ESO proceedings, or the applicant's legal representative, except if the applicant is or would be the subject of the control order or extended supervision order; or
 (b) the Attorney‑General, the Attorney‑General's legal representative or any other representative of the Attorney‑General.
 (7) The description must not disclose information that is the subject of legal professional privilege (see subsection 38PC(2)).

Communication by party
 (8) The party may communicate with the special advocate about any matter connected with the proceeding only in writing through the party's legal representative.
Note: The party commits an offence if he or she contravenes this subsection: see subsection 46H(4).
 (9) The party's legal representative may communicate with the special advocate about any matter connected with the proceeding only in writing.
Note: The party's legal representative commits an offence if he or she contravenes this subsection: see subsection 46H(5).
 (10) The special advocate may give to the party or the party's legal representative a bare acknowledgement of receipt of a written communication to which subsection (8) or (9) applies.
Note: The special advocate may also reply to the communication through the court in accordance with subsections (3) and (4).