Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.