CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MG   Form of witness identity protection certificate  

(1)  
A witness identity protection certificate for an operative in relation to a proceeding must state the following:


(a) if the operative:


(i) is known to a party to the proceeding or a party's lawyer by a name other than the operative's real name - that name (the assumed name ); or

(ii) is not known to any party to the proceeding or any party's lawyer by a name - the operative's court name for the proceeding;


(b) the period the operative was involved in the investigation to which the proceeding relates;


(c) the name of the agency;


(d) the date of the certificate;


(e) the grounds for giving the certificate;


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


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


(h) 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 any allegations of professional misconduct against the operative are outstanding and, if so, particulars of each allegation;


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


(j) whether, to the knowledge of the person giving the certificate, the operative has made a false representation when the truth was required and, if so, particulars of the representation;


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

(2)  
A witness identity protection certificate for an operative must not contain information that may allow the operative's identity, or where the operative lives, to be revealed.




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