George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Senator McKim, that is theoretically possible, but can I remind you of two things. First of all, special advocates are people who are only going to be people who are not only able to be security cleared to a high level but also very experienced criminal barristers. The art of taking instructions from a client is one of a barrister's skills. It is not impossible to take instructions from a client, without necessarily having to put before them every necessary piece of information. There are ways of eliciting or taking instructions from a client by the way in which questions are phrased so that their advocate or counsel can be apprised of everything they need to know in order to present the case competently. Of course, let us never forget that we are talking here about judicial proceedings presided over by a judge. A judge has an overwhelming obligation and an overarching obligation beyond anyone else's obligation to ensure that the accused receives a fair trial.