Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 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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