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265: Appointment of special advocate in individual case
or “Choosing a lawyer to help when secret information is used in immigration decisions”
You could also call this:

“Special advocate appointed to help with cases involving secret information”

If you haven’t chosen someone to speak for you in a case involving secret information, and you’re part of an application under Part 9 that might use secret information, here’s what happens:

If you’re arrested and held under Part 9, the Department must quickly contact a special group to arrange for someone called a special advocate to help you at your hearing. This person will be there to speak for you when the judge decides if you should stay in custody.

If you’re already being held or have been let go with rules to follow, the Department must quickly arrange for a special advocate to help you when they realise you need one. This person will be there for you when your case is heard.

If your case goes straight to the High Court, or is moved there, the special advocate helping you must be allowed to see the secret information before your case is heard. They can’t say no to seeing this information without a good reason.

The special group in charge of finding these special advocates must make sure the person they choose is available when needed, keeping in mind the time limits set in Part 9.

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Next up: 267: Communication between special advocate and person to whom classified information relates

or “Rules for communication between you and your special advocate about classified information”
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Part 7 Appeals, reviews, and other proceedings
Special advocates

266Appointment of special advocate for purposes of Part 9 proceedings

  1. This section applies to a person if the person—

  2. has not appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and
    1. is the subject of an application under Part 9 in which classified information may be relied on in determining the application.

      1. 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.

      2. 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.

      3. 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).

      4. 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.