Immigration Act 2009

266 Appointment of special advocate for purposes of Part 9 proceedings

• (1) This section applies to a person if the person—

  • (a) has not appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and

  • (b) is the subject of an application under Part 9 in which classified information may be relied on in determining the application.

  (2) If the person has been arrested and detained under Part 9, the Department must contact the designated agency as soon as practicable after the person is arrested and detained and make arrangements for a special advocate to whom section 264(5) applies to be available, on behalf of the person, for the warrant of commitment hearing.

  (3) If the person has been detained under a warrant of commitment, or released on conditions under section 320, the Department must contact the designated agency as soon as practicable after it becomes apparent that this section applies to the person and make arrangements for a special advocate to whom section 264(5) applies to be available, on behalf of the person, for the hearing of the application.

  (4) If an application on a matter to which subsection (2) or (3) applies is made directly to the High Court, or is transferred to the High Court, the special advocate concerned must be provided with access to the classified information provided to the High Court before the application is heard (and he or she may not unreasonably refuse to be provided with access to the classified information).

  (5) The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in Part 9.