Crimes Act 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15ME   Witness identity protection certificate  

(1)    
The chief officer of a law enforcement agency may give a witness identity protection certificate for an operative in relation to a proceeding if:

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

(b) the chief officer is satisfied on reasonable grounds that the disclosure in the proceeding of the operative's identity or where the operative lives is likely to:

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

(ii) prejudice any current or future investigation; or

(iii) prejudice any current or future activity relating to security.

(2)    
The chief officer must make all reasonable enquiries to enable the chief officer to ascertain the information required to be included in the certificate by section 15MG .

(3)    
The chief officer cannot give a certificate for an operative until the chief officer has obtained a statutory declaration from the operative under section 15MF .

Note:

The chief officer may delegate functions under this section - see section 15MX .

(4)    
A decision to give a witness identity protection certificate:

(a) is final; and

(b) cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.

(5)    
Subsection (4) does not prevent a decision to give a witness identity protection certificate being called into question in the course of any proceedings of a disciplinary nature against the person who made the decision.

(6)    
A witness identity protection certificate purporting to be issued under subsection (1):

(a) must be taken to be such a certificate and to have been properly issued; and

(b) is prima facie evidence of the matters in the certificate.

(7)    
A witness identity protection certificate is not a legislative instrument.