CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MF   Statutory declaration by operative  

(1)  
Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters:


(a) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;


(b) whether any charges against the operative for an offence are pending or outstanding and, if so, particulars of each charge;


(c) if the operative is or was a law enforcement officer:


(i) whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and

(ii) whether, to the operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation;


(d) whether, to the operative's knowledge, a court has made any adverse comment about the operative's credibility and, if so, particulars of the comment;


(e) whether the operative has made a false representation when the truth was required and, if so, particulars of the representation;


(f) if there is anything else known to the operative that may be relevant to the operative's credibility - particulars of the thing.

(2)  
Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

(3)  
Subsection (2) does not apply to:


(a) proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or


(b) proceedings of a disciplinary nature against a law enforcement officer; or


(c) investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.




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