Crimes Act 1914

Part IACA - Witness identity protection for operatives  

Division 2 - Witness Identity Protection Certificates for Operatives  

SECTION 15MF   Statutory declaration by operative  

(1)    
Before a witness identity protection certificate is given for an operative, the operative must make a statutory declaration of the following matters:

(a) whether the operative has been convicted or found guilty of an offence and, if so, particulars of each offence;

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

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

(d) whether, to the operative's knowledge, a court has made any adverse comment about the operative's credibility and, if so, particulars of the comment;

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

(f) if there is anything else known to the operative that may be relevant to the operative's credibility - particulars of the thing.

(2)    
Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.

(3)    
Subsection (2) 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.