Security Information in Proceedings Legislation Bill

22 Communication between special advocate and other persons about security information


After the Crown gives a special advocate access to security information under section 12, the special advocate may communicate with a person about the security information only in accordance with this section.


The special advocate may communicate about the security information, without the need for any directions of the court, only with—


the court:


persons who are representatives of the Crown for the purposes of the specified proceeding and who hold an appropriate security clearance, including (if relevant) the Crown prosecutor.


The special advocate may communicate about any matter connected with the specified proceeding with any of the following persons (relevant persons) only in accordance with directions given by the court on application of the special advocate:


the specially represented party:


that party’s lawyer:


any other person not referred to in subsection (2).


Before giving directions under subsection (3), the court must give the Crown, the special advocate, and any other party the opportunity to make submissions in relation to the application, the proposed direction, and the proposed terms and conditions.


Directions under this section may be given on any terms and conditions that the court is satisfied are appropriate—


to maintain effective oversight by the court of communications relating to the security information between the special advocate and relevant persons; and


to allow efficient and effective communication between the special advocate and those persons to the extent possible without the special advocate disclosing the security information.


Examples of the directions the court may give include directions—


allowing communication with a relevant person in accordance with a communication plan that sets out how communication on different matters may be dealt with; or


allowing unlimited communication with a relevant person about certain matters but not others; or


requiring the special advocate to submit, for the approval of the court, all proposed communications with a relevant person in writing before they the communications are forwarded to the person (with or without amendment by the court).