South Australian Numbered Acts

CRIMINAL INVESTIGATION (COVERT OPERATIONS) ACT 2009 (NO 7 OF 2009) - SECT 33

33—Form of witness identity protection certificate

        (1)         The chief officer of a law enforcement agency must ensure that a witness identity protection certificate given in respect of a local operative in relation to proceedings includes the following information:

            (a)         the name of the law enforcement agency of which he or she is the chief officer;

            (b)         the date on which the certificate is given;

            (c)         the grounds for giving the certificate;

            (d)         if the local operative—

                  (i)         is known to a party to the proceedings or a party's lawyer by a name other than the local operative's real name—that name (the "assumed name ); or

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

            (e)         the period during which the local operative was involved in the investigation to which the proceedings relate;

            (f)         whether the local operative has ever been convicted or found guilty of an offence (in this State or elsewhere) and, if so, particulars of each offence;

            (g)         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;

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

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

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

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

            (j)         whether, to the knowledge of the person giving the certificate, the local operative has ever 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 local operative's credibility, particulars of the thing.

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