South Australian Numbered Acts South Australian Numbered Acts37—Filing and effect of filing of
witness identity protection certificate in court
(1) A
witness identity protection certificate for an operative in relation to
proceedings in this State must be filed in court before the operative gives
evidence in the proceedings.
(2) A person who files
a witness identity protection certificate in court under this section must
serve a copy of the certificate—
(a) on
each party to the proceedings at least 14 days (or such shorter period as may
be agreed by the parties) before the day on which the operative is to give
evidence; and
(b) by
order of the court—on any other person specified in the order.
(3) If—
(a) a
witness identity protection certificate given in respect of an operative is
filed under this section; and
(b)
either—
(i)
a copy of the certificate is served in accordance with
this section; or
(ii)
the court gives permission for this section to apply
despite non-compliance with this section,
then—
(c) the
operative may give evidence in the proceedings under the assumed name, or
court name, specified in the certificate; and
(d)
subject to this Division—
(i)
a question must not be asked of a witness (including the
operative) that may lead to the disclosure of the operative's identity or
where the operative lives; and
(ii)
a witness (including the operative) cannot be required to
(and must not) answer a question, give evidence or provide information that
discloses, or may lead to the disclosure of, the operative's identity or where
the operative lives; and
(iii)
a person involved in the proceedings must not make a
statement that discloses, or may lead to the disclosure of, the operative's
identity or where the operative lives.
(4) The
presiding officer in proceedings in a court in which a witness
identity protection certificate in respect of an operative has been filed may
require the operative—
(a) to
disclose his or her true identity to the presiding officer; and
(b) to
provide the presiding officer with photographic evidence of that identity.
(5) For the purposes
of this section, a "person involved in proceedings includes—
(a) the
court; and
(b) a
party to the proceedings; and
(c) a
person given permission to be heard or make submissions in the proceedings;
and
(d) a
lawyer representing a person referred to in paragraph (b) or (c) or a
lawyer assisting the court in the proceedings; and
(e) any
other officer of the court or person assisting the court in the proceedings;
and
(f) a
person acting in the execution of any process or the enforcement of any order
in the proceedings.