Western Australian Current Acts

CRIMINAL INVESTIGATION (COVERT POWERS) ACT 2012 - SECT 83

83 .         Form of witness identity protection certificate

        (1)         For the purposes of this section —

            (a)         a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways —

                  (i)         the charge is withdrawn;

                  (ii)         the charge is dismissed by a court;

                  (iii)         the person is discharged by a court;

                  (iv)         the person is acquitted or found guilty of the offence by a court;

                and

            (b)         an allegation of professional misconduct against a person is outstanding if the allegation has not been finally dealt with under —

                  (i)         in relation to a police officer — the Police Act 1892 ;

                  (ii)         in relation to a member of staff of the Australian Crime Commission — the Australian Crime Commission Act 2002 (Commonwealth);

                  (iii)         in relation to a fisheries officer — the Public Sector Management Act 1994 .

        (2)         A witness identity protection certificate for an operative of a law enforcement agency in relation to a proceeding must state all of the following —

            (a)         if the operative —

                  (i)         is known to a party to the proceeding 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 by the assumed name, the operative’s court name for the proceeding;

            (b)         the name of the agency;

            (c)         the date of the certificate;

            (d)         the grounds for giving the certificate;

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

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

            (g)         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;

            (h)         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;

                  (i)         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;

            (j)         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.

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

        (4)         The Spent Convictions Act 1988 does not apply to the disclosure of information under subsection (2)(e) or (f).