South Australian Numbered Acts

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 (NO 7 OF 2009) - SECT 31

31—Chief officer may give witness identity protection certificate to local operative

        (1)         The chief officer of a law enforcement agency may give a certificate in respect of a local operative in relation to proceedings (a "witness identity protection certificate ) if—

            (a)         the local operative is, or may be, required to give evidence in the proceedings; and

            (b)         the chief officer is satisfied on reasonable grounds that the disclosure in the proceedings of the local operative's identity or where the local operative lives is likely—

                  (i)         to endanger the safety of the local operative or another person; or

                  (ii)         to prejudice an investigation.

        (2)         The chief officer may not give a witness identity protection certificate in respect of the local operative until the chief officer has received the following information from the local operative verified by statutory declaration:

            (a)         whether he or she has ever been convicted or found guilty of an offence (in this State or elsewhere) and, if so, particulars of each offence;

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

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

                  (i)         whether he or she has ever been found guilty of professional misconduct and, if so, particulars of each finding; and

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

            (d)         whether to the local operative's knowledge a court (in this State or elsewhere) has ever made any adverse comment about his or her credibility and, if so, particulars of the comment;

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

            (f)         particulars of anything else known to the local operative that may be relevant to his or her credibility.

        (3)         A person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceedings.

        (4)         However, subsection (3) 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.

        (5)         The chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate under this Part.